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SEC Declares Ether Is Not a Security

By James Gatto & Richard A. Friedman on June 14, 2018
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The SEC has formally announced that Ether is not a security. The U.S. Securities and Exchange Commission Director of Corporate Finance William Hinman said that the commission would not be classifying ether or bitcoin as securities. Other comments of note include that if a cryptocurrency network is sufficiently decentralized and purchasers no longer have expectation of managerial stewardship from a third party, a coin is not a security. Also, labeling an investment opportunity as a “coin” or a “token” does not make something not a security. The facts and circumstances matter.

Photo of James Gatto James Gatto

Jim Gatto is a partner in the Intellectual Property Practice Group in the firm’s Washington, D.C. office. He is Co-Leader of the Artificial Intelligence Team, the Blockchain & Fintech Team, and Leader of the Open Source Team.

Read more about James GattoEmail
Photo of Richard A. Friedman Richard A. Friedman

Richard A. Friedman is a partner in the Corporate Practice Group in the firm’s New York office and a member of the Blockchain Technology and Digital Assets team.

Read more about Richard A. FriedmanEmail
  • Posted in:
    Banking, Finance and Securities
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP

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