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U.S SEC. Warns Consumers to Avoid Illegal Initial Exchange Offerings (IEOs)

Nicholas Otieno   Jan 10, 2020 06:00 0 Min Read


The U.S Securities and Exchange Commission (SEC) released an investor alert that warns citizens about the risk associated with Initial Exchange Offering (IEOs).

The U.S regulator published the release that advises investors to be cautious if thinking about investing in an IEO because promises surrounding such offerings can be misused to attract investors with false promises of high returns in the new crypto investment space.

ICOs (Initial Coin Offerings) are virtually gone. But now IEOs (Initial Exchange Offerings) dominate the cryptocurrency industry as the new method of fundraising for blockchain startups. However, from the SEC’s perspective, there is more than meets the eye.

The commission revealed that cryptocurrency exchanges conducting Initial Exchange Offerings are normally not registered with the SEC. This is a violation of the federal securities laws as IEOs “lack several of the investor protections of exempt and registered securities offerings.”

There Is No Such Thing as an SEC-approved IEO

According to the press release, IEOs are the same Initial Coin Offerings. But the issue is that most ICOs are under the agency’s investigation majorly because there is common thinking that they are all unregistered securities offerings.  

 As mentioned by the release, although IEO providers claim that their sales are quite different from ICOs, they still may violate federal securities laws. This explains why the regulator warns citizens to be cautious if they are considering to invest in an IEO.

The U.S regulator also slammed cryptocurrency exchanges revealing that they “are normally not registered with the SEC” and “may inappropriately recognize themselves as exchanges.”   

The SEC further clarified that “ID” that a crypto platform claims to be registered with doesn’t necessarily imply that it is actually registered with the agency. The SEC highlighted that “there is no such thing as an SEC-approved IEO.”

No Escape from Securities Regulations

However, it seems IEOs may be classified as securities offerings as the SEC stated that IEOs may involve in the sales of securities.

But there is a catch. If an IEO claims itself to be a securities offering, then there are certain things to observe. First, IEO becomes subject to registration requirements, which apply to offerings under federal securities laws. Therefore, the company has to disclose certain terms of the asset, the offering, and the business behind it all.

If a broker-dealer is one who launched the IEO, then he or she has to be registered with the SEC and become a member of the financial industry regulatory authority. This will expect the broker-dealer to comply with the SEC’s customer protection standards.

If any IEO does not meet any federal securities laws, then they should be prepared to face the rule of law.

Besides that, several IEOs are hosted by offshore entities. But still, the IEO is subject to the SEC’s regulation provided that the participation is allowed for U.S investors.

In general, the SEC regulations aim to ensure that the U.S remains a safe place for someone to invest.

 

 


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