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SEC Says NFTs Sold by an LA-based Entertainment Firm Are Securities (fortune.com) 32

In an enforcement action announced on Monday, the Securities and Exchange Commission charged Los Angelesâ"based entertainment company Impact Theory with conducting an unregistered offering of securities via non-fungible tokens, or NFTs. From a report: As the SEC expands its definition of which types of crypto assets qualify as securities, the case breaks new ground by determining that NFTs fall under the agency's jurisdiction. "Absent a valid exemption, offerings of securities, in whatever form, must be registered," Antonia Apps, director of the SEC's New York Regional Office, said in a statement.

The question of whether NFTs qualify as securities has remained open for several years. Before the SEC weighed in, a lawsuit in the U.S. District Court for the Southern District of New York remained the highest-profile case to tackle the issue, with a group of NFT collectors suing Dapper Labs. The plaintiffs alleged that the crypto firm had earned hundreds of millions of dollars by selling unregistered securities. Although Dapper Labs motioned for the case to be dismissed last year, a judge ruled in February that it could move forward, concluding that it was "plausible" NFTs could qualify as securities.

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SEC Says NFTs Sold by an LA-based Entertainment Firm Are Securities

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  • Dear SEC,
    I take it your statement about this has cost you some monetary amount of time. I think that time was sold to you by some clever lawyers of yours. Therefore, the press release itself is a form of a security. How much would you like to offer it for? I'm willing to buy it.

  • and if I decide to try to sell someone ('s anonymous digital identity) a non-fungible token, and they decide to buy it, I'm sure not going to ask which country on Earth they happen to be most closely associated with at the moment.

    U.S. SEC can f@ck off.
    • by Beyond_GoodandEvil ( 769135 ) on Monday August 28, 2023 @02:28PM (#63804018) Homepage
      If you're selling said NFT for a trivial amount, yes they probably will not give two shits about you and your dealings. If on the other hand you are selling said NFT for millions, such that the transaction looks like money laundering or a bribe, then lots of people will be happy to examine the particulars of that transaction(some of whom may have a monopoly on force) at which time you can try to tell them to fuck off. Let us know how that works out for you.
    • by srg33 ( 1095679 )

      Granted that you have a personal choice of what to do . . .
      Depending on your (non US) country, there may be a treaty or treaties wth the U.S. that would impact your transaction.
      Also, some non-U.S. (EU?) countries would require you as their citizen to report etc.

  • I guess this means Trump will get yet another lawsuit. This time for selling securities without a permit.

    • by mysidia ( 191772 )

      Trump don't have much to worry about. The issue with this company is SEC views the 30m they raised as an investment contract in their business in a strange sort of way; since they were promising founders Perks in exchange for purchase of the things to be used to actually fund the development of products and services.

      And they didn't pay the SEC that $100 per $1million raised Fee to register, Therefore: just like the IRS.. the SEC gonna chase them down to the end of the earth.

      Take $6.1 fine, and then th

  • Do art galleries sell securities too?

  • Heads: the SEC loses because the courts ROFLOL at the idea of NTFs being a legally binding form of property ownership over a particular thing.

    Tails: the SEC accidentally gets the court to legally validate the whole industry as a concept and unleashes something they're not prepared to handle.

  • If selling NFT (basically a piece of digital art) is now a 'security', that would imply regular 'art' is a security as well, falling under the SEC.

    Securities are a reflection of the changing performance and value of the entity they represent. Almost everything is a security with that definition; lobsters, pearls, brand name bottled water, Hunter Biden's art pieces, those are all things that change both the performance and value of the entity they represent.

    • NFT (basically a piece of digital art)

      An NFT is a piece of digital art in a similar way to how a receipt for a poster is a piece of art.

  • Nobody should be charged with selling what had not yet been determined to be a security. That sure smells of ex post facto. It is wrong for the government to say, "we have decided that what you did should now fall under these regulations, and since you didn't adhere to them when we didn't say you had to, you're in trouble."

The explanation requiring the fewest assumptions is the most likely to be correct. -- William of Occam

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