Misconceptions abound in the crypto industry, such as the belief that your project doesn't require a US legal opinion. This, however, is far from accurate.
From practical experience, we knew many cases when crypto exchanges were brought to responsibility and imposed significant fines for the distribution of securities
To further strengthen this argument the legal tussle between the SEC and the industry titans, Binance and Coinbase is a testament to your need for a robust Legal Opinion. The SEC asserts that 19 tokens traded on Binance and Coinbase meet the criteria of the Howey Test, making quite a storm in the crypto industry.
Nikita Tepikin, a prominent lawyer at Legal Kornet, points the rising tide of regulatory inspections indicates a harbinger of change. This has kindled an intense discussion about the classification of most cryptocurrencies as securities and the associated risks of crypto projects.
As the grip by regulatory tightens against the circulation of digital assets, brings up the question: What role do US securities law professionals play in mitigating the risks of SEC exposure?
A legal opinion by US law professionals can help you to determine whether your project is considered a security under US law by performing the Howey test, which will answer the question of whether the digital asset is a security or not. In other words, if you will be targeted by the SEC or not.
In light of these, the importance of obtaining a comprehensive legal opinion becomes evident.
Simply put, Legal Opinion helps you determine if your token qualifies as a security or not. These are prepared by licensed lawyers and serve as a compass to navigate the complex currents of crypto regulations, especially within jurisdictions boasting
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