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Banking and Finance Law

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Duke Law

Duke Law & Technology Review

2018

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Initial Coin Offerings: Innovation, Democratization And The Sec, Jay Preston May 2018

Initial Coin Offerings: Innovation, Democratization And The Sec, Jay Preston

Duke Law & Technology Review

Initial coin offerings are a source of controversy in the world of startup fundraising, and their legality is, at best, an open question. Amid soaring valuations and rumors of looming SEC action, investors and issuers alike are scrambling to forge a path forward for the token-based startups of tomorrow. While issuers may soon be forced to comply with United States securities laws, the existing regime is inadequate because it does not allow startups to capture the unique benefits of coin sales and, more importantly, it does not allow eager American investors to take part in funding the world’s next generation …