The statement provides considerations for main street investors and market professionals; investors should be aware of the risks of these types of investments which have less investor protections compared to the traditional securities market; to date no coin offerings have been registered by the SEC; the statement notes, “A change in the structure of a securities offering does not change the fundamental point that when a security is being offered, our securities laws must be followed.” Source
According to reporting in CoinDesk last month money manager VanEck filed to create the VanEck Vectors Bitcoin Strategy ETF and last week that effort was given bad news by the SEC; the SEC sent a letter to VanEck stating that they cannot review the offering because "the underlying instruments in which the fund intends to primarily invest are not yet available." Source.
The Securities and Exchange Commission has charged two companies who they claim were operating fraudulent ICOs; REcoin Group Foundation and DRC World were claimed to defraud investors and sold unregistered securities; both companies claimed they had significant operations and networks when in reality they were shell companies; this continues a worldwide trend by financial regulators who are beginning to come down on the exploding ICO market. Source.
Publicly traded companies will soon face new regulatory requirements when it comes to reporting cybersecurity breached to investors; the SEC did not establish a timeline for when these new regulations will be in place or to what level a breach would need to be for disclosure purposes; this is in response to recent breaches of Equifax and the SEC which were disclosed well after the incident. Source.
The Securities and Exchange Commission (SEC) has requested that Lending Club provide increased disclosure on its loan portfolio and sources of funds also suggesting they improve non-GAAP reporting which is potentially misleading for investors; Lending Club has agreed to provide more disclosure and evolved its SEC filings accordingly however it has defended its non-GAAP accounting procedures, reporting it did not see the measures as misleading; recent requests for added disclosure as a publicly traded company are included in the SEC's last correspondence on November 4; the items remain open and the SEC's most recent correspondence is in addition to its review of the company following the replacement of its CEO in May. Source
Jay Clayton's statements suggest that firms using ICOs may need to register them with the SEC; he stated in a speech on Wednesday, "I have yet to see an ICO that doesn’t have a sufficient number of hallmarks of a security."; there have been more than 160 ICOs to date which have raised over $3 billion. Source
The trading suspension was announced for American Security Resources Corp. (ARSC) on August 24, 2017; the suspension will be effective until September 8, 2017; according to the SEC, "The Commission temporarily suspended trading in the securities of ARSC because of questions that have arisen regarding publicly available information about the company in press releases on OTCMarkets.com, dated August 1, and August 8, 2017, concerning, among other things, the company's business transition to the cryptocurrency markets and early adoption of blockchain technology."; the SEC has suspended trading on at least two other companies involved in bitcoin that are listed on the OTC markets. Source
The Securities and Exchange Commission (SEC), a financial government agency overseen by the Financial Stability Oversight Council, held a fintech forum discussing the industry; industry speakers included Ram Ahluwalia from PeerIQ and Matt Burton from Orchard; SEC speakers included Mary Jo White and Michael Piwowar; Mary Jo White focused on fintech responsibility suggesting thorough testing of various aspects of the business before introduction; Michael Piwowar focused on fintech sandbox testing and suggested that the SEC should be the lead agency regulating fintech; in an announcement on Monday, Mary Jo White also said she would be leaving her role in January. Source
The SEC's Division of Investment Management has published an investor bulletin including suggestions for investment advisers on meeting disclosure, suitability and compliance obligations under the Investment Advisers Act of 1940; the SEC's Office of Investor Education and Advocacy also published a bulletin for individual investors providing information to consider when investing with robo advisers. Source
The SEC suspended trading of OTC-listed technology company CIAO Group (now rebranded as NuMelo Technology); trading is currently suspended until August 23; the SEC is questioning the accuracy of a planned ICO by the firm and the initiative that the ICO funding would support; the additional funding would support a digital financial products marketplace for the African market based on blockchain technology. Source