Discover and read the best of Twitter Threads about #Securities

Most recents (8)

The Financial Stability Board (FSB) published a #Crypto-assets #regulators directory.
5 April 2019
The purpose: provide info on the relevant regulators&authorities in FSB #jurisdictions & international bodies dealing with crypto-asset issues, and the aspects they cover.
👉 fsb.org/2019/04/fsb-pu…

👉 Crypto-assets do not pose a material risk to global financial stability for now.
👉Vigilant monitoring is needed in light of the speed of market developments.
👉Broader policy issues:
1.#Consumer & #investor protection
2.Strong #market integrity #protocols
3. #AML & financing of terrorism (AML/CFT): #regulation, #supervision, implementation of international sanctions
4.#Tax evasion
5.Illegal #securities offerings #ICO
Read 6 tweets
👆#TurnKey,Inc.: #SEC turning the (same)key in the lock

Surprised that commentators think there is anything new in this decision. It is simply a different type of argumentation. It is for the first time a #negative #definition of #ICO #regulation by #securities#laws. Thread👇
👉1. In Munchee Inc., SEC claims (sec.gov/litigation/adm…):
⛔️Munchee has no viable product
⛔️tokens sold are not usable, but will possibly be in the future
⛔️ICO will fund the development of the project
⛔️MUN price will vary AND reasonable expectation of future profits
⛔️#profits (or losses) depend solely on efforts of #Munchee #managers
⛔️#marketing MUN token in the manner to induces the purchasers to believe there is a profit expected solely for buying MUN and reselling it later.
⚠️a positive definition -> this IS a security
Read 10 tweets
1/ Thanks for a fun discussion w/ @WallStreetBTC, @ronqman--many great ?s abt what #Wyoming's #blockchain laws mean. 3 big things for attys to dig into: (1) law of possessory security interests--lots of precedent--means #WY law may apply to #crypto lending/prime brokerage tx even
2/ if you structured it not to, (2) direct ownership + bailment = v investor-friendly #custody regime--doesn't exist in #securities custody today. Many ppl who want custodians to be just service providers, not counterparties, will love having this option (esp HNW & fiduciary
3/ investors, such as mutual & pension funds, etc) & (3) #Wyoming's long history of favorable tax & privacy laws (+culture of defending these)=powerful combination. I forgot to mention WY has 25 Opportunity Zones: wyomingbusiness.org/news/wyoming-n…. We'll host event in WY in May-deets soon!
Read 4 tweets
1/ HEY CRYPTO LAWYERS--@AndreaTinianow analyzes #Wyoming's commercial law for #blockchain assets & wrote a definitive guide to it for blockchain lawyers. She also compares it to @uniformlaws proposed Supplemental Act & favors WY's approach. @ForbesCrypto forbes.com/sites/andreati…
2/ Best quote: "As the founding director of the #Delaware Blockchain Initiative, I cannot stay silent about a law (the @uniformlaws Supplemental Act) that would extinguish the power of #blockchain technology to clean up problems in capital markets." So much here--will post more
3/ .@AndreaTinianow explains how #Wyoming confers "super-negotiability" to digital assets. She calls super-negotiability the "holy-grail" of commercial law (called the #UCC). I'd worked w/ Andrea before but hadn't realized she's a UCC expert from her prior work in #Delaware--wish
Read 13 tweets
1/ ANYONE CURIOUS how US laws enable the #securities industry to create phantom securities, eg Dole Food case (36.7m shares outstanding but brokerage statements showed 49.2m valid owners)? The Uniform Commercial Code’s Article 8 indirect ownership regime, enacted in 1994 in all..
2/ ...50 states, enabled this. And now the Uniform Law Commission wants to apply this to #bitcoin & #virtualcurrencies—UGH!!! It’s a recipe for insolvent financial institutions & consumers losing money! The pics in this thread speak volumes abt the loopholes in UCC Art 8 that...
3/ ...enable creation of phantom securities. This is just WRONG! It changed what used to be a clear, direct property right for securities into an “attenuated property right which looks much more like a contract right against the [leveraged securities] intermediary.” This comes...
Read 8 tweets
1/ IMPORTANT-I'd stayed quiet abt this until now. The below letter was just publicly released by the #Wyoming #Blockchain Task Force. It responds to 2 letters the Uniform Law Commission sent to WY “strongly urging” it to withdraw its v impt... #blockchain wyoleg.gov/InterimCommitt…
2/ bill, SF125, which is now law. I’m bringing attention to WY's response bc it addresses a debate that should be in the open, plus it should make clear #Wyoming is seriously willing to go to bat to attract #blockchain tech to the state AND defend a strong & basic principle—that
3/ laws should recognize property rights for INDIVIDUALS who own financial assets. We shouldn’t have to own them thru an intermediary in order to gain the best legal protections. The Task Force letter responded to letters dated Jan 29 & Feb 6 sent by the Uniform Law Commission to
Read 24 tweets
1/ BOOM! #Wyoming just recognized clear, direct property rights for #digitalassets by passing SF125! This means #blockchain cos will prob want to apply WY law to your contracts, domicile here, &/or have a physical presence here. Thx again to the army of ppl who helped over months
2/ As @TraceMayer says, v impt for broad adoption of #crypto that it be “backwards-compatible w/ law.” SF125 enables that. Bill was amended w/ improvements & latest is here: wyoleg.gov/Legislation/20…. Goes to @GordonGovernor for signature & could officially become law next week
3/ I'll publish analysis after it officially becomes law, but here's the key: #Wyoming law recognizes property rights in the DIRECT ownership of #digitalassets. Property law in US is determined by states, not the feds. WY not only did it first but did it right!! This applies to
Read 11 tweets
here's the full text of the #Token Taxonomy Act, which would exclude #crypto tokens from the #SEC definition of #Securities: scribd.com/document/39609…
looks like it would attempt to qualify trades of crypto for 1031 like-kind exchange:
$600 de minimis gain carve out, collapsing multi-step trades into one, no gains for crypto to crypto trading
Read 11 tweets

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