The SEC wonât budge when it comes to how it regulates token sales, the agencyâs chairman remarked on Wednesday.
Speaking to CNBC, Jay Clayton stated that sales of security-like tokens must follow the letter of the law.
âIf you have an ICO or a stock, and you want to sell it in a private placement, follow the private placement rules. If you want to do any IPO with a token, come see us.â The SEC would be âhappy to help you do that public offering,â he added.
In the interview, Clayton sought to clarify the kinds of characteristics that the agency would look for when determining whether a blockchain-based token constitutes a security.
âA 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 âyou can get a returnâ that is a security and we regulate that,â he told CNBCâs Bob Pisani. âWe regulate the offering of that security and regulate the trading of that security.â
And when asked if the agency would come out with a clearer statement on the matter, Clayton responded: âBob, I hope I just did.â
According to a transcript published by CNBC, Clayton declined to say whether tokens like ether or XRP constitute securities, as some have argued.
SEC said last summer that âU.S. federal securities law may applyâ to ICOs that it would regulate âvarious activities, including distributed ledger technology, depending on the particular facts and circumstances, without regard to the form of the organization or technology used to effectuate a particular offer or sale.â
Claytonâs comments follow the appointment of Valerie Szczepanik as the agencyâs point person on token sale and cryptocurrency matters. Szczepanik previously led the SECâs distributed ledger working group.
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