Three days later, the SEC reached out, and after much back and forth, finally notified Kik last fall that it intended to pursue an enforcement action against both Kik and the Kin Ecosystem Foundation.
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However, Kik and Kin made a surprise move: It published its response to the SEC, detailing what seems like a pretty strong case for why their token sale was not an offering of securities and why their token currently does not meet the definition of guyd security. They also announced in the Wall Street Journal their plan to fight this out in court. This case will set a precedent and could serve as the new Howey Test for how cryptocurrencies are regulated in the United States.
The message seems to be resonating with its intended audience. Anyway, enjoy the heck out of your enforcement proceeding.
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Smaller caps are often desperate to please analysts and maintain whatever coverage they may have, so until securities analysts jump on the bandwagon, some of these companies are likely to still keep sticking their necks out. Under the NYSE construct, you can only avoid the extra column with certainty if you make a grant after the market closes but not on the next day. Typically a bot will offer to show a Kik kils nude pictures, on condition they navigate to a dating or cam site, and enter their credit card information.
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