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Is There any Utility Left in Utility Tokens? The SEC Speaks

Insight Sam Miller Sam Miller · April 08, 2019

Unusually expressive on this topic, the Securities and Exchange Commission released two publications April 3rd, the first its “Framework for ‘Investment Contract’ Analysis of Digital Assets”, and the second a ‘no-action letter’ in favor of TurnKey Jet, Inc. Both were hailed as milestones for the SEC in dealing with the vexing difference between security tokens, on the one hand, and mere utility tokens on the other. However, all may not be as it seems, with the two publications potentially adding more complexity to the security-not-a-security debate, and may serve to stifle innovation by curtailing token-driven blockchain businesses’ business models. Read Sam Miller's full article on Medium.com.


Sam Miller, Rimon Corporate Partner, advises clients in acquisitions and disposals, corporate finance, corporate and partnership structuring and shareholder, operating and buy-sell agreements, general corporate matters, supply, distribution, consignment and inventory management arrangements, and other commercial transactions. He has extensive experience in the metals and transportation industries as well as with technology start-ups, particularly token-driven blockchain businesses, and also advises clients active in the fine art markets. Sam is licensed in California, England and Wales, and South Africa, with specific expertise in all three jurisdictions. He is adept in helping his clients navigate the intricacies of cross-border business and inward investment. Sam has advised clients in a range of countries, including England, Spain, France, Turkey, Lithuania, Latvia, United Arab Emirates, Israel, South Africa, Hong Kong, South Korea, and the United States. Read more.