Which tokens are securities?
The SEC chief has gone from rhetoric to enforcement, targeting token projects from the present and past. Crypto companies are shook.
Karsten Wenzlaff, Advisor
August 26th, 2025
Karsten Wenzlaff is a Crowdfunding and Fintech Expert from Germany. He is Secretary-General of Digit[...]
Category Archives: Web3, Decentralization, DAOs
Canadian Crypto Industry is Working Towards Legitimacy
DLA Piper | Don Collie, Ryan J. Black, Saje Gosal | Aug 19, 2022
Which tokens are securities?
- CSA Staff Notice 46-308: Securities Law Implications for Offerings of Tokens provides guidance on the way Canadian securities regulators approach the question of whether any individual token is a security or something else entirely.
- Recent CSA guidance, including Consultation Paper 21-402: Proposed Framework for Crypto-Asset Trading Platforms (“CP 21-402”), has not taken a position on whether any individual crypto asset is a security or otherwise. Instead, securities regulators in Canada have honed in on identifying the means through which a crypto asset is held on a centralized exchange to assert jurisdiction.
See: Alleged US$16 million crypto theft case to test ‘Code is law’ defence in Canada
- CP 21-402 and subsequent CSA Staff Notice 21-327: Guidance on the Application of Securities Legislation to Entities Facilitating the Trading of Crypto Assets elaborate on where a Crypto Contract exists, and whether securities laws apply.
- If the crypto asset is immediately delivered to the end user such that the end user is free to use the asset without the involvement or reliance of a CTP, then no Crypto Contract exists. This means that transactions that end in a user-controlled wallet (i.e. browser extension wallets or cold storage wallets where the user maintains their own private keys) independent of the CTP are not Crypto Contracts.
Defining “security” in Canada
- In Canada, securities laws take a “catch and release” approach by providing a wide definition of “security”, but including numerous exceptions based on the policy purposes of enforcing the rules.
- Currently in Canada, crypto assets are generally taxed as commodities.
- Whether a particular asset is a commodity or a security will likely depend on a number of factors, including the ways in which network revenues or fee generation can be attributed to a token (an expectation to profit), whether the mechanism through which validators secure the network is sufficiently decentralized, and whether there is a central third party operating the network and making decisions (depending upon the efforts of third parties).
See: Digital Asset Classification vs Wire Fraud: What’s the Most Powerful Law in Crypto Right Now
- Regulators typically apply the test found in Pacific Coast Coin Exchange of Canada v Ontario (the “Pacific Coast test”):
- an investment of money;
- with an intention or an expectation of profit;
- in a common enterprise in which the fortunes of the investor are interwoven with and dependent upon the efforts and success of those seeking the
- investment or of third parties; and
- where the efforts made by those other than the investor are undeniably significant, essential managerial efforts which affect the failure or success of the enterprise.
Enforcement action
Two recent decisions of the Ontario Securities Commission’s (the “OSC”) Capital Markets Tribunal (the “Tribunal”) have shown how securities regulators are applying their guidance.
See: OSC Publishes Statement of Allegations Against KuKcoin For Failing to Comply with Ontario Securities Law
The Tribunal reached a settlement agreement including a comprehensive undertaking with Bybit Fintech Limited (“Bybit”), and filed administrative penalties, a cease trade order and a permanent ban on Mek Global Limited and PhoenixFin Pte Ltd (collectively, “KuCoin”) for failing to begin conversations around registration and regulation with the OSC by their stated deadline.
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The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Highlights from McKinsey’s “Value Creation In The Metaverse” Report + Web3 for Skeptics by Brainsy’s CIO
Medium | Lou Kerner | Aug 29, 2022
McKinsey recently published a comprehensive 77 page report titled “Value Creation In the Metaverse — The Real Business of The Virtual World.” Seven McKinsey partners were credited as the writers of the report, which included interviews with 13 senior “metaverse experts”, input from the 60 members of McKinsey Technology Council, and surveys of more than 3,400 consumers.
The ultimate conclusion of the report is that the metaverse is simply too big of an opportunity for execs to ignore, and too impactful on society for regulators to not start taking action. That said, at 77 pages, most people won’t take the time to read it. So below are my 8 highlights:
The Definition of the Metaverse Continues To Evolve
While the definition is still fluid , McKinsey believes that the metaverse is the next iteration of the internet, where it becomes something we are immersed in, rather than something we just view. Regardless of one’s exact definitions of the metaverse, it has several foundational characteristics:
- a sense of immersion
- real-time interactivity, &
- user agency
The Value Of The Metaverse Could Equal $5 Trillion In 2030
While others see even a bigger market (e.g. Citicorp sees an $8-$13 trillion metaverse market in 2030), McKinsey estimates a $4-$5 trillion market in 2030 and believes the metaverse represents the biggest growth opportunity in multiple industries including e-commerce ($2-$2.6 trillion), e-learning ($144-$206 billion), and the advertising market ($108-$125 billion).
3. The Technology Required To Realize The Potential Of The Metaverse Doesn’t Exist Yet
- The report highlighted the significant technological advancements required across multiple technologies, including compute infrastructure, network infrastructure, and devices, for the potential of the metaverse to be realized.
- For example, today, concurrency limits cap the number of players on gaming platforms. But many more users will need to be able to be online at once for the metaverse to be realized.
- With regards to network infrastructure, high-latency “lagging” creates a sensation of video and/or audio being slow for metaverse applications that require a high rate of frames-per-second.
- Finally, the metaverse today is largely accessed through devices with flat screens (i.e televisions, PCs, and smartphones). While McKinsey expects flat screens to continue to dominate for another five years, the metaverse needs AR/VR and eventually extended reality (XR) to achieve a increasingly immersive experiences.
- Yet significant advancements in AR/VR are required to enable deep immersion.
- And XR devices like contact lenses and brain-computer interfaces (e.g. Neuralink) are at least a decade away.
Continue to the full article --> here
Download the 77 page PDF report --> here
Brainsy | Brian Price | Aug 2022
Web3 Defined (for Skeptics) including Web2 vs Web3, Blockchain, DAOs, NFTs, Stablecoins, Crowdfunding and more
View the 54 page doc send report --> here
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Sheriff Gensler of ‘Wild West’ Cryptoville Has Drawn His Guns
Decrypto | Daniel Roberts | Aug 27, 2022
The SEC chief has gone from rhetoric to enforcement, targeting token projects from the present and past. Crypto companies are shook.
When Gary Gensler was sworn in as SEC Chair in April of last year, many in crypto celebrated. The general reasoning: He had taught a course called "Blockchain and Money" at MIT in 2018, so he must be friendly to crypto. They aren't celebrating now. In the eyes of the crypto industry, he began as a wild card, became a figure of concern, and is now a proud villain.
He has already spent the past year making very clear through his rhetoric that he views pretty much all tokens other than Bitcoin as securities. (He has avoided giving his own view on Ethereum.) Now the rhetoric is turning to enforcement. Last month, the SEC fingered nine tokens listened on Coinbase as securities, and reportedly launched an investigative probe into the company. Last week, it sued blockchain platform Dragonchain for its $16.5 million ICO (initial coin offering) back in 2017.
See:
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SEC Charges 3 In Crypto Insider Trading Scheme
-
Bloom Protocol: SEC Orders Startup To Register ICO Tokens or Pay US$31 Million Penalty
The message is clear: all those token sales from the ICO boom are on notice. Some prominent people in crypto have been careful to curb their criticism. Other crypto advocates have had enough, and are saying so—loudly. Gensler's latest Wall Street Journal op-ed included a call for crypto lenders "to come in and talk to SEC staff." It was roundly mocked by people in crypto who point out Gensler's SEC has had anything but an open-door policy.
- Mike Novogratz, speaking to me onstage at Messari Mainnet last September, said Gensler "wants to be the sheriff of Cryptoville." Now the sheriff has his guns drawn.
- Mark Cuban tweeted in response, "Come in and talk to who? Set up an appointment how? Since you understand crypto lending/finances, why don't you just publish bright line guidelines you would like to see and open it up for comments?"
- Cuban had also encouraged Coinbase, last fall, to "go on the offensive." Coinbase CEO Brian Armstrong described the SEC's approach as "intimidation tactics behind closed doors."
- An op-ed in Forbes this week by tech consultant Roslyn Layton declares it's "time to end the SEC's 'clarity' charade on crypto" and urges Gensler to resign.
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The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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How to Promote NFT Collections
Guest Post | Aug 26, 2022
The market for NFTs (non-fungible tokens) is expanding rapidly. Every week, millions of dollars are exchanged for the best NFT projects.
But, to promote your collection, you'll need to be active in the most appropriate channels, engage with the right people, and be resourceful in your marketing efforts.
In this guide, we’ll talk you through some of the key considerations that you should make in promoting your NFT collection.
Top-Rated Methods to Market Your NFT
Social Media
Facebook, Twitter, and Instagram have more than three billion monthly active users. That's almost half the world and a demographic you can use to get people interested in your NFT initiatives.
Twitter is the most popular among NFT collectors with CEO Jack Dorsey, a crypto art enthusiast, selling his first tweet as a non-fungible token (NFT) for $2.9 million.
Besides Twitter, professional networking sites, instant messaging apps, and photo-sharing sites are all superb advertising venues. However, the best results will come from a mixture of paid and organic advertising.
Hire an Influencer
Consider hiring an influencer to help spread the word about your NFT promotion. Fees for influencers in the NFT sphere vary widely, depending on factors such as the influencer's popularity and the nature of the promotion you're looking to secure.
Monitoring their reach and effectiveness is crucial when working with social media influencers. Make use of UTM links to track how much of the influencer-sourced traffic converts, as then you’ll be able to gauge the influencer's contribution to your return on investment.
SEO Marketing
Having a website to showcase your work is a great idea. It also positions you favorably to have search engines like Google, Yahoo, and Bing send visitors to your website.
One minor hitch exists, though. Ranking highly in search engines takes months of consistently publishing high-quality content and implementing search engine optimization strategies.
Search engine optimization, or SEO, is a broad concept that encompasses a wide range of techniques, including but not limited to keyword analysis, title and tag refinement, and the enhancement of internal and external links to enhance load times and the user experience.
The cost of SEO seems high. However, if you work with a reputable agency with a successful track record, you can expect your investment to yield a positive return.
Participate in Online Discussion Forums Like Reddit and Discord
Discord Servers
Your audience will likely be more receptive to your upcoming NFTs if you promote them on Discord, as most users there are already keen to invest.
To get people excited about your upcoming NFTs, you can even host and participate in Discord events. While promoting your NFTs on public servers is effective, your ultimate goal should be to join a private investment server.
These are invite-only, so you'll need to make some friends on public servers and be active there before you can get in.
Reddit is another great place to share your NFTs with the world. The sheer number of people who frequent Reddit—often called the "front page of the internet"—makes it an ideal platform for advertising your NFT collection.
Investors in NFTs often scour various subreddits searching for promising projects to buy in at the ground level before the price explodes. If you're serious about making it as an NFT creator, you can't afford to leave Reddit out of your marketing mix.
See: Following smart money crypto whale wallets
Redditors are generally discerning individuals who will quickly see through any inconsistencies between the claims you make in various subreddits. Think carefully about how you arrived at the NFT collection, what it stands for, and the direction it is likely to take.
That will assist you in painting an accurate mental image of what your NFT collection represents in the minds of your target audience. Also, sincerity is highly valued by the public.
NFT Marketplaces
In the wake of the NFT industry boom at the start of 2021, a number of new marketplaces emerged.
OpenSea
If you're looking for a popular platform to trade NFTs, look no further than OpenSea. Posting your first NFT promotion project to OpenSea is cost-free. Even if your NFTs were originally stored in a wallet that isn't compatible with Ethereum, you could bring them over to OpenSea.
Axie
Virtual pets and other collectibles are hot commodities in the gaming community, and Axie is the perfect place to sell them. Axie allows users to create new NFTs or incorporate preexisting works of art. The best part is that Axie NFTs can be put to good use in Axie Infinity, which in turn drives their prices up substantially.
Rarible
Rarible has a $210M annual trading volume, making it a top NFT marketplace. Everything from paintings and photographs to songs and sports memorabilia is cataloged here in digital form. In the same way, you can make multiple copies of OpenSea items and sell them to different customers, you can do the same with Rarible.
SuperRare
If you have a large enough collection of NFTs, SuperRare could turn you into a multi-millionaire. Although you can't guarantee that your NFTs will fetch millions at auction, SuperRare is a market that aims to maximize artists' earnings.
Super rare values quality over quantity and collaborates with musicians to help them produce high-quality NFTs. The platform is also highly customizable, allowing you to narrow your focus to the ideal clientele for your particular line of NFTs.
Final Thoughts
The NFT market is huge and only shows signs of getting bigger. However, to get your NFT noticed, you need a strategic approach to its promotion.
We recommend being adaptable and ready to try out new platforms and advertising strategies to find the perfect fit with your offering.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Lessons from crypto winter (so far)
For Bitvo by Tristram Waye | Aug 25, 2022
Nobody knows how far we are through crypto winter, but like the previous winter, the building continues. There is lots of cash and talent in the space building, developing and experimenting. Down markets also reveal numerous valuable lessons.
Leverage “don’t get no respect”
- One lesson is that leverage remains the Rodney Dangerfield of the crypto world. Dangerfield’s famous quote about “don’t get no respect” applies to the way in which certain entities abused leverage. The result has been numerous institutional implosions by centralized entities due to hidden leverage and asymmetric information in a decentralized unregulated environment.
- While leaders in the space like FTX and Binance have reduced leverage for retail participants, everyone remains subject to big swings due to the wide use of leverage elsewhere. This has led to weakness in several businesses and failure in several more.
Crypto trading opportunities are unfolding
- Throughout the worst part of this winter so far, there were also numerous opportunities. These are the opportunities you will see in retrospect. But for savvy traders, these opportunities will represent great entry points.
- We covered using leverage without leverage by exploiting liquidations. And to help you do this, you can use some basic technical analysis like support and resistance lines and volume changes. By examining the whole market, you can see where opportunities may be shaping up.
- ETH for example has had a wild ride so far. And you may, for example, be looking at a catalyst trade similar to the previous Bitcoin halving as they move to Proof-of-Stake. There is definitely risk there, but there may also be opportunity.
- The reason is that risk operates on a pendulum. We talked about this concept recently. The idea is that you can see risk being added and when it’s being reduced. Leverage is a substantial part of this process.
More confidence means more risk. Less confidence and a high level of fear mean less risk. The risk pendulum is an ongoing process that benefits traders looking for opportunities.
Too good to be true is still a reality
- Celsius built what could have been a viable business model and a very profitable one. But, by scaling beyond the capability of the market and their skillset, they took on unnecessary risk and transferred it to their customers.
- So yields and advertised rates should reflect both return and potential risk and be assessed accordingly.
See: Digital Asset Classification vs Wire Fraud: What’s the Most Powerful Law in Crypto Right Now
Concentration versus diversification
- Another important observation is the concentration of assets in one project. We discussed this in the article on thinking like a financial advisor. There are still too many people putting substantial or all of their assets into a single high risk speculative project. Crypto, with all of its promise, has risks. And those risks create outsized opportunities for gains, as well as for losses.
Community and liquidity
- We are also seeing the challenges with community and its relationship to liquidity. Strong communities continue to thrive and evolve. But even these go quiet from time to time. This is common behavior in any market. In bull markets, liquidity is high, and action gives the appearance of forever liquidity. It flows like water.
- But when things quiet down, this can change dramatically. The results can be widening spreads which can increase slippage. It can mean difficulty selling positions or assets like NFTs and difficulty pricing or valuing them. Or it can mean that clearing prices, where liquidity can be found, are much lower than you may have expected when you entered the position. This can happen in any asset
Regulatory feeding frenzy
- Regulation is another thing that has come to the forefront. This has always been a hot topic for crypto. But when you have meltdowns and significant public losses, regulators start to look more closely. These calamities end up being a catalyst for more regulation.
See: Crypto Exchanges Comply But Ethereum Community Unhappy About Harsh Canadian Rules
- The challenge with most regulation is that it is focused on the past instead of the future. Meaning that every market calamity means regulators are fighting the last war instead of the next one. Decisions around the last war inevitably lead to unintended consequences for markets in the future.
- Competition for regulatory control is ongoing, and in this crypto winter, particularly in the US, events of 2022 have created a battle between the CFTC, SEC, and other parties to attempt to control crypto’s future.
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The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Digital Asset Classification vs Wire Fraud: What’s the Most Powerful Law in Crypto Right Now
Reuters | Ian McGinley | Aug 23, 2022
Regulation and enforcement in the cryptocurrency space are hot topics, with the debate centered around the complex issue of whether to classify digital assets as securities, commodities, or a separate asset class entirely. In the middle of this debate, the Department of Justice (DOJ) has sent a message — the classification does not matter for its purposes. In recent prosecutions, DOJ has used the wire fraud statute, 18 U.S.C. § 1343, a law with origins dating back to the 1800s, to bring innovative cases in the cryptocurrency space that do not depend on how a digital asset is classified.
See: Analysis: Into the Eye of a Tornado | Sanctions Compliance Best Practices for Crypto Businesses
DOJ has used wire fraud to prosecute the first two rug pulls involving NFTs and to prosecute two digital asset insider trading cases. DOJ has not recently used wire fraud in a large-scale market manipulation case, but it is likely to be a next area of focus, given public reports of market manipulation and spoofing (creating orders with the intent to cancel) by crypto whales, who are individuals or entities that own substantial amounts of a particular cryptocurrency.
Recent Rull Pull Cases
- In the first half of 2022, DOJ charged two innovative NFT rug pull cases using the wire fraud statute, both of which are still pending. First, in March 2022, the U.S. Attorney's Office for the Southern District of New York (SDNY) in U.S. v. Nguyen charged the first fraud case involving NFTs. SDNY alleged that the creators of the Frosties NFT collection committed a $1.1 million rug pull by falsely promising purchasers that in addition to cartoon-like images, they would receive perks, such as giveaways and access to a metaverse game.
- Second, in June 2022, the DOJ Fraud Section in U.S. v. Tuan charged the second NFT rug pull against the creator of the "Baller Ape" NFT project, alleging a $2.6 million rug pull. The allegations in that case are even more egregious: the creators did not provide anything to purchasers, not even images.
- In neither case did the DOJ allege that the NFTs at issue were securities or commodities, as the classification of NFTs was immaterial to the wire fraud charges. DOJ charged a basic theory of wire fraud — that purchasers of these NFTs did not receive what they were promised.
- While these were not large-scale frauds, they underscore DOJ's focus on the accuracy of the statements and disclosures defendants made to purchasers in digital assets -- regardless of the identity of the underlying asset.
See: Crypto Exchanges Comply But Ethereum Community Unhappy About Harsh Canadian Rules
Going forward, we can expect DOJ to focus on larger disclosure issues, likely at the corporate level. Crypto companies communicate with the public frequently, over various forms of social media. Companies often respond in real time to market events. While communicating quickly and frequently with the public has commercial benefits, it can also lead to inaccuracies. DOJ has already used wire fraud to prosecute alleged misrepresentations made over social media in other contexts (seeU.S. v. Milton, S.D.N.Y. 2021), and it may seek to do so as well in the crypto space.
Continue to the full article --> here
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Meta Begins Metaverse ID System Rollout
TechCrunch | Andrew Mendez | Aug 23, 2022
Meta, formerly Facebook, has officially rolled out what it’s calling Meta accounts and Meta Horizon Profiles. The global launch will be gradual, but both “accounts” are to be used in place of the personal social media account logins — Facebook and Instagram — once used to log in to the company’s virtual reality (VR) system.
Users, new and old, of Meta’s VR devices, will be required to sign up for a Meta account to log in and access the metaverse. The company is ditching the old way of logging on after complaints around privacy concerns arose regarding using personal social media accounts.
See: 7 Essential Ingredients of an (Open) Metaverse Framework
However, the company is still allowing users to use Facebook and Instagram accounts to create a Meta account, the company said. If a person chooses to create their Meta account via their social media accounts they’ll be connected in the Accounts Center, the central hub for connected experiences across Meta.
To even begin the process of creating a Meta account one must have the latest software on the Oculus app and VR headset.
Continue to the full article --> here
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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