A security token offering (STO) is a complex process that requires careful attention to detail, compliance with applicable regulations, and a firm understanding of the policies enforced by the Securities and Exchange Commission (SEC). An experienced security token offering STO launch lawyer is an essential resource for any company that plans to launch an STO project in the United States.
Quantum Counsel is uniquely positioned as one of the most experienced cryptocurrency and digital securities attorneys in the United States. Our firm not only has years of legal experience but also a deep understanding of blockchain technologies, cryptocurrencies, and the complex regulations surrounding these innovative concepts. If you intend to launch an STO, you need an attorney who thoroughly understands the underlying technologies.
Our firm takes a client-focused approach to legal counsel in the digital securities environment. We know that every client we serve faces unique challenges and will have different needs and concerns for an STO launch. With our assistance, you can approach your STO launch project with confidence, knowing you have a dedicated team of legal advocates ready to address concerns, answer questions, and guide you through unexpected challenges.
Preparation is key for any STO launch. You need to not only have a plan for your project but also for meeting all registration and regulatory compliance requirements. As cryptocurrency and digital securities are emerging and constantly evolving technologies, the laws surrounding these things are incredibly complex. You need a security token offerings STO launch lawyer you trust to guide you through the various stages of your project.
A security token is a digital asset that functions similarly to a traditional stock share. When a security token is purchased, the purchasing party is effectively investing in the company that provided the token for sale. As the value of the company increases, so will the value of the security token. As this functions similarly to traditional stock shares, they are also regulated in a similar fashion.
The SEC maintains a strict testing policy to determine whether a new token qualifies as a utility token, which is meant to function as a currency within a specific closed system, or a security token, which functions as an investment contract. The SEC gauges four criteria to determine whether an asset qualifies as a security, thus making it subject to securities registration requirements and applicable regulations:
If an asset meets all four criteria, it qualifies as a security and must, therefore, be registered appropriately. Attempting an STO launch without proper registration is a costly mistake. This can lead to fines, other penalties, or even criminal prosecution. Do not let the project you have worked so hard to develop fail because of regulatory noncompliance. Your security token offerings STO lawyer can help you understand your obligations and fulfill them.
Any security tokens that are sold during an STO launch that exist on the blockchain and fulfill the SEC’s definition of a security are subject to strict registration requirements. STOs are broad in extent and can involve tokenized traditional securities such as bonds or corporate stock shares, fund interests, venture capital, real estate, precious stones and metals, artwork, luxury items, business interests, profit-sharing rights, and much more.
One of the main advantages of an STO launch is that it allows an enterprise to raise capital very quickly over the peer-to-peer blockchain exchange network. This means that no third-party intermediary is involved in the process. There is also increased security and transparency because these transactions unfold on the blockchain. However, there are some risks and limitations with STO launches and security token transactions.
Quantum Counsel can perform an extensive risk assessment evaluation of your project. We can identify key challenges you will likely need to overcome in order to launch your STO successfully, and we can provide comprehensive support through each stage of the project. If any issues arise following your STO launch, you can rely on our firm to help you overcome them as efficiently as possible.
Before any security token can be sold in the United States, it must either be registered with the SEC or qualify for an exemption. Registering or applying for exemption are both costly and protracted processes that will be much easier to complete when you have a security token offering an STO lawyer to advise you. They can help you understand the registration or exemption requirements and complete the process more quickly with less room for conflict.
Any issuer of an STO must also meet strict compliance requirements when it comes to the exchange of their security tokens through secondary trading. This means establishing a legitimate governance structure and ensuring their tokens are tradable on trading platforms across the world. This requires ensuring compatibility with these platforms before the first issuance of any security tokens and compliance with each platform’s pre-listing procedures.
Any defects within your STO offering could be incurable problems from a legal compliance perspective. This means you will not be able to launch your offering on a regulated trading platform or face a complex securities recall. This type of failure can not only be costly but also cause significant reputational damage that will make similar endeavors in the future far more difficult to accomplish.
Ultimately, your STO offering needs to be solidly constructed, supported by appropriate security measures, and meet all applicable regulatory requirements. Many blockchain projects have failed due to flawed tokens, problems with issuance, incompatibility with exchange platforms, and enforceable security requirements for secondary trading. An experienced attorney can help you address these issues in preparation for your STO launch.
A successful STO launch begins with a properly structured offering and meeting all registration requirements with the SEC. Your security token offerings STO launch lawyer can assist you with the development stage of your project, providing legal oversight to ensure the foundation of your STO will meet all legal requirements and has a properly conveyed whitepaper, digital security structure, and other considerations.
One of the most important aspects of any STO launch is ensuring regulatory compliance and completing the SEC registration process. Alternatively, you may need to apply for an exemption if your STO meets the applicable criteria. Your security token offerings STO launch lawyer can help you determine whether applying for an exemption or completing the registration process is more suitable for your situation.
Quantum Counsel can provide comprehensive legal support for all aspects of your STO launch project, developing the framework of the project so you can be confident in the quality of the asset you plan to offer, and so you can begin issuance of your token without risk of facing fines and other penalties from the SEC or other regulatory authorities. We can guide you through the steps you will need to complete to ensure full compliance.
Our firm can also assist you with additional legal concerns following your successful STO launch. If you are confronted with any type of breach of contract issue, litigation of any kind, or proceedings involving regulatory authorities in the United States, trust our firm to provide robust legal representation through all of these proceedings. Our goal is to help you complete your STO launch and operate your business with peace of mind.
When you choose Quantum Counsel to represent you for an STO launch, we can begin by learning as much as we can about your project, the technologies behind it, and your plan for your launch. We can provide legal oversight for the early stages of your STO project, ensuring it meets all regulatory and registration requirements and guiding you through interactions with the SEC and other regulatory agencies as smoothly as possible.
We can help you account for the risks many companies face when launching new security tokens on the blockchain, including digital security considerations, preparing for secondary trading, and ensuring full compatibility with trading platforms. We can also help keep costs low by helping you avoid the common mistakes many companies make with their STO launches when they do not have reliable legal counsel to advise them.
During an initial consultation with Quantum Counsel, we can listen to the details of your project, your goals for your STO launch, and the concerns you have regarding registration and regulatory compliance. We have the deep understanding of blockchain technologies necessary to identify any key areas of concern or opportunities you may have overlooked. We will explain the variety of legal services we can provide that will empower your STO launch.
An experienced security token offerings STO lawyer is an invaluable asset for your project. The team at Quantum Counsel provides comprehensive legal support for all aspects of blockchain-powered business operations and can help you ensure a successful launch. If you have questions about the legal services we provide or you are ready to consult with a security token offerings STO lawyer about your project, contact us today to schedule a consultation with our team.