The market for initial coin offerings (ICOs) has seen quite the rise in 2017 as investors have been pouring billions into blockchain based startups; these large fundraisings have been done without any real regulatory oversight until recently; in July the Securities and Exchange Commission issued a report stating that the offering by the company DAO was a securities offering; Chinese regulators issued statements over the past few months stating their intention to look at the market and this past weekend they deemed ICOs illegal in China; while companies have been able to secure vast amounts of capital there has also been increased cases of theft and fraud; the coming regulatory wave is sure to change how market participants act. Source
National Internet Finance Association (NIFA) of China on August 30 released ICOs risk alerts; the Association highlights two kinds of risks: 1) some projects raise money in the name of ICO with misguided publicity and this may lead to illegal fundraising; 2) the assets of some ICO projects remain unclear and the information disclosure is far from sufficient. Source (Chinese)
The SEC's Office of Investor Education and Advocacy has issued an alert to investors, warning them about potential scams with companies claiming to be involved with ICOs; according to the report, fraudsters may use new technology such as ICOs to defraud customers in various ways; discusses recent trading suspensions, pump-and-dump, market manipulations and tips for investors. Source
Caixin reports that China's relevant regulators will take measures on ICOs; before ICOs are included into the nation's legal framework, it cannot be ruled out that regulators will ban such activities; People's Bank of China and China Securities Regulatory Commission are now discussing the measures. Source (Chinese)
Canadian securities regulators released what they call a staff notice on "cryptocurrency offerings"; Coindesk reports on the notice, "With the offerings that we have reviewed to date, we have in many instances found that the coins/tokens in question constitute securities for the purposes of securities laws, including because they are investment contracts."; this has now become a trend in the market as the US SEC released a report and Chinese regulators released a statement about how they view this emerging capital raising method; the statement also covers companies looking to set up funds and encourages a regulatory sandbox to be created. Source
Podcast talks with former SEC Enforcement Division attorney Nick Morgan; Nick Morgan says the SEC is reviewing all types of cases and using the Howey Test to determine whether the deals are considered an offering of securities; explains that the Howey Test considers whether the expectation of profit relies on efforts of investors and also says that the investigations center around whether the investors are passively investing or actively involved in creating value; Morgan also noted that the SEC's resources are limited given the vast number of ICOs being offered and reports that the investigations will likely focus first on any fraudulent activity with potential investigation efforts also on exchanges that encompass the inclusion of many ICOs. Source
ICOINFO, one of China's largest ICO exchange platforms, announces the suspension of new project launches, awaiting relevant regulatory rules; users will not be able to add value to their accounts during the suspension. Source
China Securities Regulatory Commission (CSRC) is now consulting some blockchain companies on ICOs, China Business News exclusively reports; now it is in the phase of collecting suggestions and having discussions; CSRC will particularly keep tabs on the fraud projects that raise money in the guise of cryptocurrencies and ICOs. Source (Chinese)
The companies are grouped into 16 categories with total average fundraising from all 100 companies of $14 million; year to date ICO fundraising is at $1.5 billion with the top fundraisings from Filecoin and Tezos; in the US, most are falling within the SEC's definition of securities issuances, with the prevalent testing measure being the Howey Test. Source
The SEC's report on ICOs as securities has prompted ShapeShift to review the listings on its cryptocurrency exchange; ShapeShift will likely delist some of its traded listings and says it does not want to be characterized as a securities exchange; ShapeShift and its legal counsel will apply the Howey Test to the cryptocurrency listings which is the current market standard also used by the SEC for determining whether an offering is considered a security. Source