Tag Archives: Howey

ATB Coin is a ‘security’ under Howey test

By Amy Leisinger, J.D. The Southern District of New York declined to dismiss a complaint against a technology start-up that offered digital assets through an unregistered initial coin offering. According to the court, the complaint established that the virtual currency … Continue reading

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Reps. Davidson and Soto would redefine ‘security,’ clarify use of Howey test and tax treatment in new blockchain bill

By Mark S. Nelson, J.D. A bill introduced by Reps. Warren Davidson (R-Ohio) and Darren Soto (D-Fla) would attempt to add clarity to the securities and tax treatment of digital tokens. Under the Token Taxonomy Act (H.R. 7356), a “digital … Continue reading

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SEC’s Jay Clayton and William Hinman reiterate Howey is here to stay

In his June 6, 2018, interview with CNBC, Securities and Exchange Commission (“SEC”) Chairman Jay Clayton further clarified the regulatory landscape around cryptocurrencies, blockchain technology and initial coin offerings, nothing that the SEC would not support changing the traditional definition … Continue reading

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