SEC charges DAO for unregistered sale of crypto smart yield bonds

Orrick, Herrington & Sutcliffe LLP
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Orrick, Herrington & Sutcliffe LLP

On December 22, 2023, the SEC announced a settlement with a decentralized autonomous organization (DAO) and a second settlement with its founders. The SEC alleged that the DAO failed to register with the Commission for its offering and sale of structured crypto-asset securities. The SEC additionally charged the organization for operating certain pools as unregistered investment companies. According to the SEC, the organization compared its structured crypto-asset securities to asset-backed securities and marketed them to the public. Furthermore, investors could acquire “senior” or “junior” interest which could be pooled and used to generate returns. The orders state that the structured crypto-asset securities attracted significant investments, totaling over $509 million, with fees paid to the organization by investors based on investment size and chosen yield.

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