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Regulatory Climate Continues to Be Hazy for
The US continues to pass business-friendly legislation, but many in the space complain that ambiguities in securities laws will prevent initial offering issuers (ICOs) from taking advantage of them.
Last week, the House of Representatives passed the Regulation A+ Improvement Act of 2017, which seeks to implement a 50 percent increase to the amount of capital that small companies can raise through securities offerings that are much less robust than the initial public offering (IPO) route pursued by large firms.
If the bill passes the Senate and is signed into law by President , companies pursuing Regulation A+ securities offerings will be allowed to raise up to $75 million and accept some investments from retail .
Unfortunately, industry observers warn that startups seeking to raise through ICOs may not be able to take advantage of this business-friendly regulatory climate due to ambiguities in how this nascent fundraising model fits into a nearly century-old legal framework.
As industry giant Coinbase stated in written testimony before a House subcommittee last week: “Unfortunately, the current regulatory environment — in particular regulation by enforcement without enough clear guidance on what is permissible — is harming healthy innovation in the U.S. There is so much uncertainty about the definition of a security and the scope of regulatory control that the market is being chilled. This is bad for everyone because the technology won’t stop — it will simply move overseas and we will miss out on the opportunity to cultivate the benefits in the U.S.” “For us, the chilling effect can be shown by the difficulty of determining with certainty when a token is not a security. Because we seek to comply with all applicable laws and regulations, we simply cannot take the risk that a token is later found to be a security,” Coinbase concluded.
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