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by KasianFranks·8y ago·view on hn ↗
> If you're offering an ICO yourself, things are going to get an order or two of magnitude more complicated, I'd imagine. No idea how it's classified but I'd imagine your regulatory reporting burdens will be somewhere between pink sheets and a publicly traded NYSE post-Sarbox company.

They are actually simpler, I know this from running an OTC for a few years. The blockchain keeps people far more honest and transparent than Stock Transfer Agents, IQCapital and DTCC combined. T

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> They are actually simpler, I know this from running an OTC for a few years

CFTC saying X is a commodity doesn’t exclude the SEC from also claiming jurisdiction. Lots of FINRA-member firms offer CFTC-regulated trading services. Congress had to write specific laws preventing this from happening to commodities futures; no such exemption has been legislated for ICOs. That said, yes, the CFTC is generally seen as an easier regulator than the SEC.

TL; DR the CFTC and SEC have begun fighting for ICO jurisdiction. Score is kept with rule writing and prosecutions.

Disclaimer: I am not a lawyer. This is not legal nor any kind of advice. Don’t break the law.

You should be able to invest in anyone you want without restrictions but more importantly, without manipulation of Finra, the SEC, CapitalIQ, stock transfer agents. And, the DTCC is what everyone keeps its eyes on.
How so? Most ICOs see almost all the ether going into a private wallet and then traded to exchanges. Easy to see if you know the addresses for Coinbase, Poloniex, etc (etherscan.io automatically identifies known exchanges.) No one seems to care. Always looks like they are cashing out before they run away with the money..Once its off the chain, who knows what happens to it?