Kik vs SEC Possible Outcomes?

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vault2020Member
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#1Apr 26, 2020, 09:18 AM
So with the SEC suing Kik, some think they’ll really fight it if it goes to court. But what’s the worst that could happen if the SEC wins? Like could they force Kik to buy back all those tokens? Or just hit them with a big fine? What do you guys think?
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#2Apr 26, 2020, 01:09 PM
I feel like the SEC is kinda overstepping here. Kik’s a Canadian company, right? Just because some US citizens bought tokens doesn’t mean they’re under US law. Plus, launching a token sale in Canada doesn’t make it available to US folks. Seems like a stretch for the SEC.
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#3Apr 27, 2020, 12:26 AM
But reports are saying they didn’t stop US investors from joining the ICO. They’re claiming 55 million came from the US. If Kik didn’t block US access, the SEC might have a solid case. They usually go after companies that deal with US residents, regardless of where they’re based.
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#4Apr 27, 2020, 05:12 AM
Yeah, since the lawsuit’s in the US and US investors lost cash in the token sale, it’s hard to see Kik getting off easy here. I’ve read Twitter threads suggesting Kik doesn’t really stand a chance against the SEC.
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bull2013Full Member
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#5Apr 27, 2020, 02:29 PM
If they did allow US investors, Kik’s case looks pretty weak. Even if they blocked US IPs, the SEC is likely gonna expect KYC checks to filter out US buyers. If they didn’t have jurisdiction, why even go after them?
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grimnodeSenior Member
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#6Apr 27, 2020, 07:19 PM
The SEC’s rules are pretty straightforward. If you offer securities to Americans, you’re under their watch, even from abroad. They’re quick to sue Kik because Kik’s argument that they’re selling tokens, not securities, doesn’t hold strong.
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vault2020Member
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#7Apr 28, 2020, 01:22 AM
Weak argument? Kin is a utility token, not just a way to invest. Crypto is different from regular securities. Regular ones are just for raising money. Crypto has a real use. They need to create a new category for these assets.
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sage777Full Member
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#8Apr 30, 2020, 01:21 PM
I’m betting on a settlement between Kik and the SEC. Buying back all those tokens isn’t realistic considering how many were sold globally. And since Kik’s Canadian, I’m not sure how much the SEC can control them.
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grimnodeSenior Member
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#9Apr 30, 2020, 03:11 PM
They didn’t register with the SEC, which is a big issue. If they’re ready to face off, they better have a solid defense. They didn’t stop Canadians from buying but let US folks in despite clear SEC rules. How does that even make sense?
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vault2020Member
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#10May 1, 2020, 03:20 PM
What do you mean? Each province in Canada has its own rules, so there’s no single Canadian SEC. Back in 2016/2017, they didn’t really ban crypto, they were supposed to define a new category. It was all over the news.
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bit_stakeSenior Member
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#11May 1, 2020, 08:44 PM
Appreciate the input, Joseph. I chose to invest in Kin for specific reasons. Ethereum was sold with the idea of investing with no effort, which is part of the SEC’s test for securities. But now Ethereum is seen as decentralized enough. Why can’t Kin get the same treatment?
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