SEC Chairman Distinguishes Cryptocurrency from ICO’s, Traders are Confused (2024)

Jun 7, 2018Siraj Sarwar

SEC Chairman Distinguishes Cryptocurrency from ICO’s, Traders are Confused (1)

What is the difference between an ICO and a cryptocurrency? Well, according to SEC Chairman Jay Clayton,Cryptocurrencies such as Bitcoin (BTC) shouldn’t be considered a security, however, the agency chairmanbelieves that an ICO is a security. Why is this though? Basically, it comes down to the risk factor: An ICO is considered more of a risk for investors as many of these "coins" may not make to full fruition - meaning the return promised to investors may never happen. It is also well known that many ICO's are purely fraudulent/scams disguised as legitimate investment opportunities. However, if a coin makes it passed the ICO phase and becomes established - it no longer is a risk in the same manner. It becomes a currency such as USD or Yen, where its value depends on market fluctuations and trends and is the sole risk of the investor - much like the regular stock markets.Jay Clayton's remarks have refired a debate over the difference between ICO’s and digital tokens. This is a debate that has already existed over the last few years and once again traders and market participants are showing their concerns.SEC Chairman Distinguishes Cryptocurrency from ICO’s, Traders are Confused (2)

Source Image:twitter.com

The Chairman says they are not going to change the definition of security, as the U.S. has already built a $19 trillion securities market on the current rules."We are not going to do any violence to the traditional definition of a security that has worked for a long time,"Jay Clayton told CNBC on Wednesday. "We've been doing this a long time; there's no need to change the definition."Explaining his stance, the SEC chairman says that cryptocurrencies simply "replace" sovereign currencies, including the euro, the dollar,and the yen. Therefore, these types of currencies shouldn't be deemed as securities."A token, a digital asset, where I give you my money, and you go off and make a venture, and in return for giving you my money I say 'you can get a return' that is a security, and we regulate that," Clayton said. "We regulate the offering of that security and regulate the trading of that security."SEC Chairman Distinguishes Cryptocurrency from ICO’s, Traders are Confused (3)

Source Image: twitter.com

Traders are questioning, however, that all tokens are issued or begin life through ICO’s. So how does it make sense that the existing token is considered currency, but at the time of ICO, it’s considered a security? Previously, several other experts, including Federal Reserve Chairman refused toaccept cryptocurrencies as currencybut still havegiven different arguments which aren't akin to the SEC Chairman'spoint of view. The debate is on and market participants are presenting their ideas, but the SEC Chairman at the end of the day holds the legal position to define the difference between cryptocurrencies and ICO’s.Featured Image: Twitter

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SEC Chairman Distinguishes Cryptocurrency from ICO’s, Traders are Confused (2024)

FAQs

What has the SEC said about cryptocurrency? ›

The Securities and Exchange Commission (SEC) continues to view cryptocurrency-related enforcement as a top priority, bringing 46 enforcement actions against various digital-asset market participants in 2023, according to a Cornerstone Research report released today.

How does the SEC classify cryptocurrency? ›

Securities and Exchange Commission (SEC): The SEC oversees the issuance and sale of securities, including digital assets that meet the definition of securities. This means cryptocurrencies that meet the criteria to be considered securities must be registered with the SEC and comply with its regulations.

How does the SEC regulate crypto? ›

Exchange Regulation

The global and borderless nature of cryptocurrencies necessitates cross-border collaboration. Exchanges listing securities tokens must register with the SEC as national securities exchanges. This regulatory control ensures that these platforms operate securely and within legal boundaries.

What is the difference between ICO and IEO in crypto? ›

ICO — A direct public token sale offering open to anyone through the crypto project's platform. IEO — A token issuance hosted on a cryptocurrency exchange after vetting the project.

Why does the SEC hate crypto? ›

Among other things, Bitcoin may enable the citizens of a country to undermine government authority by circumventing capital controls imposed by it. It also facilitates nefarious activities by helping criminals evade detection.

What is the SEC decision on bitcoin? ›

The U.S. Securities and Exchange Commission on Wednesday approved rule changes to allow the creation of bitcoin exchange-traded funds in the U.S., a long-awaited move that will give regular investors access to the controversial and volatile cryptocurrency.

Is ICO legal in US? ›

Initial coin offerings (ICOs) are legal. However, the ICO is illegal if the project and coin don't pass the Howey Test used by the U.S. Securities and Exchange Commission (SEC) to determine if an offering is an investment instrument.

What does ICO mean? ›

ICO is an acronym that means Initial Coin Offering, which is how funds are raised for a new cryptocurrency offering. It's similar to an IPO (Initial Public Offering) which raises funds when a new company ventures onto the stock market. Related words: IPO. blockchain.

What happens if SEC wins against Coinbase? ›

The SEC's lawsuit alleges digital tokens offered by Coinbase, including Cardano and Solana, are unlicensed securities. If the agency prevails, it could poses an existential threat to the entire industry by requiring crypto exchanges treat digital tokens like stocks and bonds.

Does the SEC have authority over crypto? ›

Does the SEC Regulate Cryptocurrency? If a cryptocurrency meets the criteria to be an investment contract, the SEC can require it to be registered as an investment and regulate it. If it is offered to institutional investors, it is considered an investment contract and must also be registered.

Is an ICO a security? ›

In this report, the SEC stated that most tokens sold in ICOs constitute securities and warned issuers and other market participants to comply with federal securities laws in connection with offers and sales of such tokens.

Which crypto was sued by SEC? ›

The matter has grown more complicated in two high-profile lawsuits brought by the SEC against major crypto exchanges, Coinbase and Binance.

Why is ICO not allowed in US? ›

Yes, Americans can legally invest in ICOs, however, they must be aware that U.S. regulators may consider an ICO a securities offering and enforce securities law on those engaging in it. Investors should be aware of the potential risks associated with ICOs, including the possibility of fraud or manipulation.

Which crypto has the highest ICO? ›

1. Ethereum (ETH): Ethereum is one of the most successful ICOs in history. It raised over $18 million in its 2014 ICO, and it has since become the second-largest cryptocurrency by market capitalization.

Is crypto ICO legal? ›

ICOs are largely unregulated. In the United States, there aren't any regulations that apply specifically to ICOs. However, if an ICO fits the classification of a securities offering, then it falls under the SEC's jurisdiction and is regulated by federal securities laws.

What crypto has the SEC sued? ›

The SEC sued Kraken last year.

Crypto exchange Kraken filed to dismiss a lawsuit by the U.S. Securities and Exchange Commission (SEC) on Thursday. The SEC sued Kraken last November on allegations it's operating as an unregistered exchange, broker and clearinghouse.

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