In a hearing[1] at the US House of Representatives on Thursday, April 26, a regulator from the US Securities and Exchange Commission (SEC[2]) and House Financial Services Committee members hotly disagreed over whether a “balanced approach” could be taken in regulating Initial Coin Offerings[3] (ICOs).
At the start of the hearing, entitled “Oversight of the SEC’s Division of Corporation Finance”, William Hinman, the director of the SEC’s Division of Corporation Finance, said that the area of digital assets and ICOs “continues to evolve”:
“We are striving for a balanced approach, and one that ensures capital formation while maintaining a strong focus on investor protection.”
One purpose of the hearing was to discuss possible reasons for the declining number of Initial Public Offerings (IPO) in the country. Committee member Bill Huizenga asked Hinman if ICOs could be a solution to this decline, and whether all ICOs must be regulated.
In response, Hinman said that “in theory, there is a time when a coin may achieve a decentralized utility in the marketplace, or [...] there may be coins where that lack of a central actor may make it difficult to regulate.”
Hinman followed previous comments[4] from SEC chairman Jay Clayton that most ICOs should be considered securities. According to Hinman, the SEC would be consulting with entities releasing tokens to verify that the offerings were either regulated or not qualified as securities.
Committee member Brad Sherman (D-CA) disagreed with the idea that ICOs could replace IPOs, as an IPO “provides jobs in the real economy,” and ICOs do “the opposite”:
“It takes money out of the real economy, it takes people willing to invest and risk, and says ‘don’t use that ability to risk, don’t use those
