The letter states: “While we believe the vast majority of the projects in our portfolio should not be affected, approximately 25 percent of our fund’s capital is invested in projects with liquid tokens that sold to U.S. investors without using regulation D or regulation S,” adding “If any of these projects are deemed to be securities, the SEC’s position could adversely affect them.”
Further elaborating regarding the projects of concern, the letter estimates that “about a third (approximately 10 percent of the portfolio) are live and functional,” noting that “while they could technically continue without further development, ending development would hinder their progress.”
The SEC then described the action as comprising “the commission’s first cases imposing civil penalties solely for ICO securities offering registration violations,” adding that “Both companies have agreed to return funds to harmed investors, register the tokens as securities, file periodic reports with the commission, and pay penalties.”
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