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Can I raise money through an initial coin offering (ICO) without violating securities laws in Louisiana? What are the requirements?
Requirements for Raising Money through an ICO in Louisiana
In Louisiana, as in the rest of the United States, the Securities and Exchange Commission (SEC) regulates the offer and sale of securities, including those offered through initial coin offerings (ICOs) [1]([3]). ICOs are considered securities offerings if they involve an investment of money in a common enterprise with the expectation of profits to be derived from the efforts of others [3]([3]).
To raise money through an ICO without violating securities laws in Louisiana, you must comply with the registration requirements of the Securities Act of 1933 or qualify for an exemption from registration [1]([1]). Failure to comply with these requirements may result in legal action by the SEC, as seen in the case of Binance [2]([2]).
The SEC has not provided specific guidance on ICOs, but it has issued a warning to investors about the risks associated with ICOs and has taken enforcement action against ICOs that violate securities laws [1]([1]). Therefore, it is important to consult with legal counsel to ensure compliance with securities laws when conducting an ICO.
In summary, to raise money through an ICO in Louisiana without violating securities laws, you must comply with the registration requirements of the Securities Act of 1933 or qualify for an exemption from registration. It is important to consult with legal counsel to ensure compliance with securities laws when conducting an ICO.
Source(s):
- [1] - VIRTUAL CURRENCIES: THE OVERSIGHT ROLE OF THE U.S. …
- [2] UNITED STATES DISTRICT COURT FOR THE DISTRICT OF …
- [3] VIRTUAL CURRENCIES: THE OVERSIGHT ROLE OF THE U.S. …
Jurisdiction
Louisiana