Does the recent SEC ruling stop your ICO?

What does the recent SEC opinion mean? Well, each case is different so make sure you ask your attorney, but I will tell you how I interpret it.

I am in the process of an ICO and have met with our attorneys on this. My/Our interpretation is, if you do an ICO where you are offering ownership of the company, then that falls under the jurisdiction of the SEC. It doesn't matter if you are selling your ownership positions for Fiat currency or for Crypto currency, it is still an offering and therefore is subject to all the rules and regulations of security offerings.

If, on the other hand, you are just selling tokens and those tokens can be used to access your product, then the SEC "ruling" doesn't apply to you. In this scenario think of the token sale as selling Gift Certificates instead. The SEC does not regulate the sale of Gift Certificates any more than the regulate the sale of any other product. So if your ICO is selling tokens that have nothing to do with ownership in the company but rather have some other value, or no value at all, then the SEC doesn't apply.

In their recent announcement, the SEC was just clarifying that it doesn't matter if you are accepting Fiat or Crypto, if the participant is getting securities in exchange, then it falls under normal SEC rules and regulations

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