Props for the “Reg A” Reality: A lesson in digital asset securities offerings

It pains me to say it, but Open Props’ recent announcement of the coming termination of its ongoing Regulation A (“Reg A”) digital asset securities (Props) offering and the cessation of support for its Props Loyalty Program leads me to one stark conclusion.

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SEC and DOJ Charge Startup with Defrauding Investors
SEC, SECURITIES LAW Zachary Fallon SEC, SECURITIES LAW Zachary Fallon

SEC and DOJ Charge Startup with Defrauding Investors

This week, the Securities Exchange Commission (“SEC”) charged a small, California-based private company (YouPlus, Inc., or “YouPlus”) and its CEO with violating antifraud provisions of the federal securities laws by making false and misleading statements about the company’s finances and sources of revenue.1 In a parallel action, the U.S. Department of Justice (“DOJ”) announced criminal charges against the CEO for wire fraud and securities fraud following an investigation by the Federal Bureau of Investigation.2

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Proposed Rules on Facilitating Capital Formation and Expanding Investment Opportunities
SEC Zachary Fallon SEC Zachary Fallon

Proposed Rules on Facilitating Capital Formation and Expanding Investment Opportunities

The U.S. Securities and Exchange Commission recently proposed a number of amendments to its capital formation rules. The proposed amendments focus on certain aspects of exempt offerings—that is, securities offerings that don’t need to be registered with the SEC. We submitted a letter to the SEC laying out some of our thoughts on the proposed rules. You can read our comment letter here.

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