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There has been plenty of news lately about the blockchain in general and Bitcoin in particular from the regulatory, law enforcement, markets and venture capital fronts. However, one piece of slightly overlooked news may turn out to have the biggest impact for advisors, especially those who serve high-net-worth clients.
First, a recap of the most reported news. On May 24, Bloomberg reported that federal regulators from the Justice Department had begun an investigation into possible price manipulation of Bitcoin and other digital currencies. Bitcoin's shares dropped steeply.
On June 6, SEC chairman Jay Clayton confirmed the Commission's stance that cryptocurrency is not a security and thus not regulated by the SEC. But he told CNBC that when "a token, a digital asset" is sold by a company with the expectation of some return to the buyer, "that is a security and we regulate its offering and trading. That's our job."
Elaborating on the topic In a June 14 speech in San Francisco, William Hinman of the SEC argued that "in cases where the digital asset represents a set of rights that gives the holder a financial interest in an enterprise," such an asset would remain a security and thus be subject to SEC regulation. Hinman, the director of the SEC's division of corporate finance, went on to clarify that calling the same transaction an initial coin offering (ICO) or a 'token' will "not take it out of the purview of the U.S. securities laws."
Digital currency prices spiked.
