13. March 2019BTC$3.855,34 -0.63%part Facebook Twitter LinkedIn xing mail
The question of whether or not ETH is a Security or not, seems to resolve it to be a bit closer to it. Because SEC Chairman Jay Clayton confirmed in writing in a response that it "agrees with the position that the analysis of whether a digital Asset is a Security or not, depends on the Instrument itself." And further: "Rather, a digital Asset may be offered as a Security [...]. This Status may change over time, so that you can define the Asset as a Security.“
In clear text this means that the SEC digital Assets, such as ETH may not impose, per se, the stamp of a Security. It always depends on the purpose of use of Coins or Tokens, the SEC Chairperson shall:
More Details on ICOs
[...] whether a particular transaction is the sale of a security, regardless of the terminology that is used to identify the digital asset depends on the economic reality of the transaction.
also, Clayton delivers, in terms of ICOs for more clarity. With respect to the Securities Act of 1933, the Chairman emphasized that "all instruments sold as investments, are considered to be Security". This was the case when investors have "a sufficiently secure expectation of a return".Hinman-speech
the Background of writing a speech was confirmed by William Hinman, in his capacity of Chairman of the SEC division of Corporate Finance. This had been the SEC staff in June of 2018 on Yahoo Finance All Markets Summit. According to the content of the speech for Hinman at this point, that the ETH is true, per se, as a Security.
The news platform Coin Center had employed in the course of this speech Research. You wanted clarity about whether or not it is in the Hinman-Statement of an individual opinion or the official position of the authority.
The answer to write in the text can be found here.
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