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Drew Hinkes @propelforward
, 11 tweets, 4 min read Read on Twitter
here's the full text of the #Token Taxonomy Act, which would exclude #crypto tokens from the #SEC definition of #Securities:…
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
Would be retroactive to 1/1/17.
Would attempt to address statutory requirement for "satisfactory control location: aka custody as "through public key cryptography and following commercially reasonable cybersecurity practices"
Interesting aspect of def. of digital token: "is created...pursuant to rules for the digital unit’s creation and supply that cannot be altered by a single person or group of persons under common control" 1/2
Does this mean a system with an organized & paid dev group/ foundation funding development that that can change consensus rules would not qualify?
Also includes in def. of digital token: "after consensus is reached, cannot be materially altered by a single person or group of persons under common control" Does this mean it must be 51% attack resistant? Does this preclude a community consensus fork to avoid a theft?
proposes new exemption from registration as a security that provides safe harbor if an offeror of a digital token is notified by the SEC that it is a security, w/in 90 days must post public notice of such notification & takes reasonable efforts to cease all sales & return all 1/2
proceeds from any sales of such digital unit, excluding funds reasonably spent on the development of technology associated with the digital unit. So. Many. Questions. here 2/3
Does this imply the SEC will call & notify issuers that they issued securities? does this short circuit the SEC's ability to bring actions? Is this post- adjudication of if the instrument is a security at trial? How does anyone determine what was spent on "tech development"?
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