Proposed SEC Rule 195 Token Incubation Could Change the Industry
Commissioner Peirce Proposes Safe Harbor for Token Offerings Token Safe Harbor Proposal Commissioner Hester M. Peirce Update: Here is an outline of the proposed rules Any applicable digital asset will have three years after the token sale to prove if it is sufficiently decentralized and/or provide sufficient utility for the token not to be deemed a security. In effect, Rule 195 proposes the following: • The creating company must undertake a good faith effort to build a decentralized and/or functional network as defined in the rule as Network Maturity • Provide certain disclosures on a publicly available website. • Offer and sell tokens to provide access to, participation on, or the development of the network. • Undertake in good faith to create liquidity for users by listing tokens on a compliant exchange. • File a notice of reliance with the SEC within 15 days of the first sale or distribution of tokens that triggers reliance on the rule. • The creating company must also provide certain disclosures regarding their identities and experience, the source code itself (if available), details about the project and its functionality or anticipated functionality and…
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