Today, the
@SECGov released new FAQs on the application of the federal securities laws to crypto assets. The guidance gives developers and builders greater room to build, develop, and decentralize blockchain networks and DeFi systems in the United States.
Q2.3 makes clear that once a crypto system is functional, ongoing maintenance, upgrades, development funding, improvements, and efforts to grow network effects do not constitute “essential managerial efforts” under Howey.
Q2.4 goes even further: once a functional crypto system has no central party, statements by the issuer relating to the system likely would not create a new investment contract because no person controls the system in a way that determines its success or failure.
This is a MAJOR step forward for builders of blockchain networks and DeFi systems, and a huge validation of arguments talented lawyers have been making for years about decentralization, ongoing development, and the application of the securities laws to decentralized technology.
Link to FAQ here:
sec.gov/about/divisions-offi…