A tailored issuance regime refers to a regulatory framework specifically designed to govern the creation and distribution of certain types of digital assets. This regime deviates from broad, general securities laws by applying rules that consider the unique characteristics and risks of blockchain-based instruments. It aims to provide legal clarity and appropriate oversight without stifling innovation. Such a regime can specify requirements for disclosures, investor qualifications, or trading restrictions.
Context
The establishment of tailored issuance regimes is a key discussion point among global regulators seeking to provide clarity for the digital asset industry. The current situation often involves a patchwork of existing laws being applied, leading to uncertainty for issuers and investors. Critical future developments include the adoption of harmonized international standards for digital asset issuance, which could facilitate broader market participation and regulatory compliance.
The SEC's shift from a universal Howey test to a four-part token taxonomy mandates a fundamental restructuring of issuance, disclosure, and compliance frameworks for all US-facing digital asset products.
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