SEC deems NFTs as securities in first enforcement case
escalated its crackdown on crypto assets on Monday, accusing a Los Angeles-based media company of offering unregistered securities in the form of non-fungible tokens.
Impact Theory, an entertainment company, allegedly garnered nearly $30 million from hundreds of investors through itsofferings. According to the SEC, the offerings should have been registered with the agency. Impact Theory agreed to pay more than $6 million to settle the claims and a cease-and-desist order without admitting to or denying the SEC's allegations.
The settlement is the SEC's first enforcement action against NFTs and another move in the agency's crackdown on crypto goods that it claims are securities under its jurisdiction.SEC commissioners Hester Peirce and Mark Uyeda released a dissenting statement, saying they disagreed with how the regulator applied the Howey test in determining investment contracts.
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