David Weisberger
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Despite the recent SEC decision to not approve the ProShares, Direxion or the Winklevoss Bitcoin ETFs, the time is almost right for approval of such products. There is, however, at least one structural impediment that should be addressed first.
The SEC sweep of ICOs does not mean that the regulator is taking issue with the concept of the Sale of Future Tokens (SAFT) per se, but rather with several specific issues that have become associated with the structure. David Weisberger explains important principles of securities laws that many SAFT launches and public ICOs potentially violate. Taken as a whole, adherence to these principles could create a better market for both entrepreneurs and investors, he argues.
There has been a lot of media coverage and chatter in the crypto community over the concept of ‘decentralized’ exchanges. Unfortunately, this type of coverage magnifies the confusion among crypto enthusiasts regarding market structure and price discovery. It is vital to separate discussions of price discovery from the settlement process. Otherwise, ‘decentralized exchanges’ that have limited (or no) price discovery mechanisms will continue to be promoted as panaceas.
All early stage investing is risky and should be viewed through the same lens. Small IPOs, initial OTC listings, private equity/venture capital investments, crowdfunding, and even Initial Coin Offerings are all ways for early stage companies to raise capital. In each case, there is a large risk of failure that theoretically also carries large return potential. But none of these methods should tolerate fraud.
