Alerts10.23.23

Stoner Cats Settlement Signals Intensifying SEC Interest in NFT Offerings

SEC Enforcement: Stoner Cats Settlement Signals Intensifying SEC Interest in NFT Offerings

Highlights

The SEC found that Stoner Cats conducted an unregistered securities offering to early NFT buyers

In the settlement agreement, the SEC highlights secondary market sales and programmatic royalties paid to the NFT offeror

The dissenting SEC Commissioners drew ties to Star Wars collectibles sales in questioning the potentially limitless application of Howey 

 

The Securities and Exchange Commission (SEC) announced a settled enforcement action last month against Stoner Cats 2 LLC (SC2). The SEC had alleged that SC2’s sale of non-fungible tokens (NFTs) to fund production of an animated web series constituted an unregistered offering of crypto asset securities in violation of the Securities Act of 1933. SC2 neither admitted nor denied wrongdoing in the September settlement order, which does not include any allegation of fraud.

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