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What does it mean for crowdfunding issuers to be able to "test the waters"? What does it mean for crowdfunding issuers to be able to "test the waters"?
Title III Crowdfunding does not necessarily allow test the waters, however Regulation A and other forms of offerings do. In general testing the waters involves obtaining non-binding solitications of interest from potential investors in an offering. By testing the waters and determining... more
- Law Firms and Attorneys
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Are Reg A+ offerings exempt from individual state “blue sky” laws? Are Reg A+ offerings exempt from individual state “blue sky” laws?
Federal law pre-empts state blue sky law for Tier 2 Regulation A+ offerings. However, even when the state's are prohibited from requiring registration processes, they can require a notice filing and the payment of a fee. Each state does require such notice filing and payment ... more
- Law Firms and Attorneys
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Recently the SEC declares that a cryptocurrency can "..over time, become something other than a security" if it meets certain requirements. The crypto community consider this as a positive news. However, are there any short-term or long-term concerns regarding this news? Recently the SEC declares that a cryptocurrency can "..over time, become something other than a security" if it meets certain requirements. The crypto community consider this as a positive news. However, are there any short-term or long-term concerns regarding this news?
As it stands today, the vast majority, if not all, token or coin issuances implicate the federal securities laws and involve the sale of securities. Accordingly all offerings should be treated as such. The guidance helps us understand how companies can plan in advanced to either have t... more
- Law Firms and Attorneys
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What are some key factors to consider before implementing a DLT or Blockchain to one's business? What are some key factors to consider before implementing a DLT or Blockchain to one's business?
Concerns related to securities laws are different than the business concerns associated with making technological changes. If your business is not considering an offering or issuance of tokens or coins for fundraising, then you should focus on the technology. However, if you are consid... more
- Law Firms and Attorneys
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