Will new US SEC rules bring crypto companies onshore?

Key Points

  • New government outlook may bring crypto firms back to the US after years of regulatory confusion.
  • Crypto companies used to operate comfortably in the US but now largely do so offshore due to regulatory challenges.
  • The SEC's "The DAO Report" in 2017 classified many tokens as securities, leading to offshoring.
  • The SEC v. LBRY case in 2021 further muddied the waters, making it difficult for crypto firms to operate legally in the US.
  • Recent developments suggest a potential shift, with SEC Commissioner Hester Peirce leading efforts to provide relief for token issuers.

Summary

The article discusses the potential return of cryptocurrency companies to the United States following years of regulatory uncertainty. Initially, crypto firms operated freely in the US, conducting initial coin offerings (ICOs) to raise funds. However, regulatory changes, particularly the SEC's "The DAO Report" in 2017, which classified many tokens as securities, pushed these companies offshore. This shift was exacerbated by the SEC v. LBRY case in 2021, where even tokens with consumptive uses were deemed securities if there was an expectation of profit. The offshore move was not just about compliance but also offered tax advantages through structures like foundations in jurisdictions like the Cayman Islands. However, recent developments under the Trump administration, including SEC Commissioner Hester Peirce's initiatives and potential tax benefits proposed by Eric Trump, suggest a possible path for crypto firms to return to the US. These changes aim to provide clearer regulatory frameworks and incentives, potentially reversing the trend of offshoring and bringing blockchain technology development back onshore.

cointelegraph
March 24, 2025
Crypto
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