Accessibility Statement Skip Navigation
  • Why PRWeb
  • How It Works
  • Who Uses It
  • Pricing
  • Login
  • GDPR
  • Create a Free Account
Return to PRWeb homepage
  • News
  • Resources
  • Contact
When typing in this field, a list of search results will appear and be automatically updated as you type.

Searching for your content...

No results found. Please change your search terms and try again.
  • News in Focus
      • Browse News Releases

      • All News Releases
      • Multimedia Gallery

      • All Multimedia
      • All Photos
      • All Videos
  • Business & Money
      • Auto & Transportation

      • Aerospace, Defense
      • Air Freight
      • Airlines & Aviation
      • Automotive
      • Maritime & Shipbuilding
      • Railroads and Intermodal Transportation
      • Supply Chain/Logistics
      • Transportation, Trucking & Railroad
      • Travel
      • Trucking and Road Transportation
      • View All Auto & Transportation

      • Business Technology

      • Blockchain
      • Broadcast Tech
      • Computer & Electronics
      • Computer Hardware
      • Computer Software
      • Data Analytics
      • Electronic Commerce
      • Electronic Components
      • Electronic Design Automation
      • Financial Technology
      • High Tech Security
      • Internet Technology
      • Nanotechnology
      • Networks
      • Peripherals
      • Semiconductors
      • View All Business Technology

      • Entertain­ment & Media

      • Advertising
      • Art
      • Books
      • Entertainment
      • Film and Motion Picture
      • Magazines
      • Music
      • Publishing & Information Services
      • Radio & Podcast
      • Television
      • View All Entertain­ment & Media

      • Financial Services & Investing

      • Accounting News & Issues
      • Acquisitions, Mergers and Takeovers
      • Banking & Financial Services
      • Bankruptcy
      • Bond & Stock Ratings
      • Conference Call Announcements
      • Contracts
      • Cryptocurrency
      • Dividends
      • Earnings
      • Earnings Forecasts & Projections
      • Financing Agreements
      • Insurance
      • Investments Opinions
      • Joint Ventures
      • Mutual Funds
      • Private Placement
      • Real Estate
      • Restructuring & Recapitalization
      • Sales Reports
      • Shareholder Activism
      • Shareholder Meetings
      • Stock Offering
      • Stock Split
      • Venture Capital
      • View All Financial Services & Investing

      • General Business

      • Awards
      • Commercial Real Estate
      • Corporate Expansion
      • Earnings
      • Environmental, Social and Governance (ESG)
      • Human Resource & Workforce Management
      • Licensing
      • New Products & Services
      • Obituaries
      • Outsourcing Businesses
      • Overseas Real Estate (non-US)
      • Personnel Announcements
      • Real Estate Transactions
      • Residential Real Estate
      • Small Business Services
      • Socially Responsible Investing
      • Surveys, Polls and Research
      • Trade Show News
      • View All General Business

  • Science & Tech
      • Consumer Technology

      • Artificial Intelligence
      • Blockchain
      • Cloud Computing/Internet of Things
      • Computer Electronics
      • Computer Hardware
      • Computer Software
      • Consumer Electronics
      • Cryptocurrency
      • Data Analytics
      • Electronic Commerce
      • Electronic Gaming
      • Financial Technology
      • Mobile Entertainment
      • Multimedia & Internet
      • Peripherals
      • Social Media
      • STEM (Science, Tech, Engineering, Math)
      • Supply Chain/Logistics
      • Wireless Communications
      • View All Consumer Technology

      • Energy & Natural Resources

      • Alternative Energies
      • Chemical
      • Electrical Utilities
      • Gas
      • General Manufacturing
      • Mining
      • Mining & Metals
      • Oil & Energy
      • Oil and Gas Discoveries
      • Utilities
      • Water Utilities
      • View All Energy & Natural Resources

      • Environ­ment

      • Conservation & Recycling
      • Environmental Issues
      • Environmental Policy
      • Environmental Products & Services
      • Green Technology
      • Natural Disasters
      • View All Environ­ment

      • Heavy Industry & Manufacturing

      • Aerospace & Defense
      • Agriculture
      • Chemical
      • Construction & Building
      • General Manufacturing
      • HVAC (Heating, Ventilation and Air-Conditioning)
      • Machinery
      • Machine Tools, Metalworking and Metallurgy
      • Mining
      • Mining & Metals
      • Paper, Forest Products & Containers
      • Precious Metals
      • Textiles
      • Tobacco
      • View All Heavy Industry & Manufacturing

      • Telecomm­unications

      • Carriers and Services
      • Mobile Entertainment
      • Networks
      • Peripherals
      • Telecommunications Equipment
      • Telecommunications Industry
      • VoIP (Voice over Internet Protocol)
      • Wireless Communications
      • View All Telecomm­unications

  • Lifestyle & Health
      • Consumer Products & Retail

      • Animals & Pets
      • Beers, Wines and Spirits
      • Beverages
      • Bridal Services
      • Cannabis
      • Cosmetics and Personal Care
      • Fashion
      • Food & Beverages
      • Furniture and Furnishings
      • Home Improvement
      • Household, Consumer & Cosmetics
      • Household Products
      • Jewelry
      • Non-Alcoholic Beverages
      • Office Products
      • Organic Food
      • Product Recalls
      • Restaurants
      • Retail
      • Supermarkets
      • Toys
      • View All Consumer Products & Retail

      • Entertain­ment & Media

      • Advertising
      • Art
      • Books
      • Entertainment
      • Film and Motion Picture
      • Magazines
      • Music
      • Publishing & Information Services
      • Radio & Podcast
      • Television
      • View All Entertain­ment & Media

      • Health

      • Biometrics
      • Biotechnology
      • Clinical Trials & Medical Discoveries
      • Dentistry
      • FDA Approval
      • Fitness/Wellness
      • Health Care & Hospitals
      • Health Insurance
      • Infection Control
      • International Medical Approval
      • Medical Equipment
      • Medical Pharmaceuticals
      • Mental Health
      • Pharmaceuticals
      • Supplementary Medicine
      • View All Health

      • Sports

      • General Sports
      • Outdoors, Camping & Hiking
      • Sporting Events
      • Sports Equipment & Accessories
      • View All Sports

      • Travel

      • Amusement Parks and Tourist Attractions
      • Gambling & Casinos
      • Hotels and Resorts
      • Leisure & Tourism
      • Outdoors, Camping & Hiking
      • Passenger Aviation
      • Travel Industry
      • View All Travel

  • Policy & Public Interest
      • Policy & Public Interest

      • Advocacy Group Opinion
      • Animal Welfare
      • Congressional & Presidential Campaigns
      • Corporate Social Responsibility
      • Domestic Policy
      • Economic News, Trends, Analysis
      • Education
      • Environmental
      • European Government
      • FDA Approval
      • Federal and State Legislation
      • Federal Executive Branch & Agency
      • Foreign Policy & International Affairs
      • Homeland Security
      • Labor & Union
      • Legal Issues
      • Natural Disasters
      • Not For Profit
      • Patent Law
      • Public Safety
      • Trade Policy
      • U.S. State Policy
      • View All Policy & Public Interest

  • People & Culture
      • People & Culture

      • Aboriginal, First Nations & Native American
      • African American
      • Asian American
      • Children
      • Diversity, Equity & Inclusion
      • Hispanic
      • Lesbian, Gay & Bisexual
      • Men's Interest
      • People with Disabilities
      • Religion
      • Senior Citizens
      • Veterans
      • Women
      • View All People & Culture

  • Hamburger menu
  • Cision PRWeb provides efficient communication tools to continuously engage with target audiences across multiple online channels
  • Create a Free Account
    • ALL CONTACT INFO
    • Contact Us


      11AM ET Sunday – 8PM ET Friday

  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • News in Focus
    • Browse All News
    • Multimedia Gallery
  • Business & Money
    • Auto & Transportation
    • Business Technology
    • Entertain­ment & Media
    • Financial Services & Investing
    • General Business
  • Science & Tech
    • Consumer Technology
    • Energy & Natural Resources
    • Environ­ment
    • Heavy Industry & Manufacturing
    • Telecomm­unications
  • Lifestyle & Health
    • Consumer Products & Retail
    • Entertain­ment & Media
    • Health
    • Sports
    • Travel
  • Policy & Public Interest
  • People & Culture
    • People & Culture
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR

With Looming Regulatory Enforcement, Compliant NFT Securitization and Trading Comes Front and Center with GUARDD, Dalmore & PPEX

It likely will not be long before the first enforcement action against a Non-Fungible Token (NFT) issuer is announced by the Securities and Exchange Commission. Many NFTs will be deemed to be securities, and therefore, a compliant means of satisfying both Federal and State securities laws is required. A technology roadmap exists that includes creating an NFT, securitizing it, qualifying it via an exemption from registration with the Securities and Exchange Commission, issuing it on the blockchain, meeting secondary trading compliance requirements, then listing it on an Alternative Trading System.


News provided by

GUARDD, Inc.

Feb 03, 2022, 07:00 ET

Share this article

Share toX

Share this article

Share toX

NFT Roadmap
NFT Roadmap

DENVER, Feb. 3, 2022 /PRNewswire-PRWeb/ -- The Securities and Exchange Commission is watching. It likely will not be long before the first enforcement action against a Non-Fungible Token (NFT) issuer is announced. The 80+ enforcement actions the regulators have taken to date on cryptocurrency, digital assets, and Initial Coin Offerings (ICO) only stand to prove the point.

The story is familiar: XYZ issuer peddles a digital asset, investors buy it with an eye on return, investors may or may not lose some or all their investment, regulators storm in, and facts and circumstances drive the path of their enforcement action. Punishment can be as painful as rescission and loss of license or as severe as jail time. Either way, the legal expense, and reputational risk are significant.

"We believe that many, not all NFTs, will be deemed to be securities, and therefore, a compliant means of satisfying both Federal and State securities laws is required. This means instead of acting outside securities laws; one finds a way to do it within them." Doug Ellenoff, Partner EGS LLP

Post this

"The variety of use cases for NFTs, combined with rapid and significant growth in the number of offerings, and in some cases the promise of a large potential upside for investors, have made NFTs increasingly popular," says Doug Ellenoff, Partner at Ellenoff Grossman & Schole, LLP. "This increased interest from the public at large, especially from would-be investors, could very likely be followed by increased scrutiny from regulators." According to DappRadar, NFT sales volume scaled to $24.9 billion in 2021, compared to just $94.9 million in 2020. With such rapid growth, it should be no surprise that SEC Chair Gary Gensler recently said at an Investor Advisory Committee hearing, "… this is an asset class that belongs inside public policy frameworks of looking after investors, guarding against the illicit activity, and protecting our financial stability." While discussing the broader token marketplace, NFTs are part of this by default.

"We believe that many, not all NFTs, like ICOs, will be deemed to be securities, and therefore, a compliant means of satisfying both Federal and State securities laws is required," says Ellenoff. "This means instead of acting outside securities laws; one finds a way to do it within them."

Luckily such a roadmap exists. It consists of creating an NFT, securitizing it, qualifying it via an exemption from registration with the Securities and Exchange Commission, issuing it on the blockchain, meeting secondary trading compliance requirements, then listing it on an Alternative Trading System (or a public stock exchange if you like).

Dalmore Group, a broker-dealer, specializing in helping companies raise capital online and having over 150 Regulation A+ issuers under its belt, is one player focused on this solution. Etan Butler, Chairman of Dalmore Group, said, "NFT issuers have a choice; they can either go at it alone with all of the regulatory and enforcement risks inherent in a developing marketplace selling unregistered securities. The other option for NFT issuers is to choose a more conservative and relatively cost-effective approach to vehicles like Regulation A+. In today's market, the choice really should be easy."

GUARDD is a technology solution provider that allows issuers to comply with their state Blue Sky requirements. With GUARDD, an issuer provides current and ongoing company and financial disclosures that are published in a National Securities Manual, qualifying for what is known as the Manual Exemption. "By using GUARDD to file disclosures, NFT issuers can qualify for exemption from registration in almost every state," says Sherwood Neiss, CEO of GUARDD. "We also help our clients with the last mile: what they need to do to be compliant in the remaining states so that their NFTs can trade anywhere in the USA."

Satisfying regulatory requirements allow exempt issuers to approach the secondary trading platform themselves. The PPEX ATS, operated by North Capital Private Securities, is one such provider with over 640 listed securities. PPEX offers both a lit market, where bids and offers are displayed for the ATS's institutional participants, as well as a dark pool for buyers and sellers who wish to transact anonymously without broadcasting their interest. The PPEX ATS contains a central limit order book to monitor and match orders, report trades to regulators, and transmit transaction details to executing brokers, settlement agents, and custodians. All in a compliant manner.

Jim Dowd, the CEO of North Capital, said, "Public blockchain technology creates an immutable, public record of NFTs, but our API stack offers tools to facilitate compliance with securities laws, along with access to our regulated trading venue." North Capital has been involved in digital assets for over four years. "We were involved in some of the first offerings of what we now call digital asset securities, so we have an appreciation for the regulatory complexity associated with NFTs."

"Together, these three service providers provide a pathway for NFT issuers to comply with rather than avoid securities laws," says Samson Williams, President of the Crowdfunding Professional Association (CfPA). The CfPA recently sent a petition and letter to the Securities and Exchange Commission asking for clarity on the Commission's position on NFTs as a matter of investor protection. That letter can be found here.
-----------------------------
For more information:

Primary Issuance/Regulation A+: Dalmore Group (http://www.dalmorefg.com) specializes in helping companies raise capital online at scale through Regulations A+, CF, and D and has onboarded over 175 Regulation A+ issuers since 2019. Learn more about how Dalmore Group leads the way for primary issuance and secondary market trading of private securities. Keep up to date on the latest company news and information directly via Dalmore Group's LinkedIn page.

Secondary Trading Compliance: GUARDD (http://www.guardd.com) is a technology solutions provider that assists issuers in complying with blue sky laws regarding the secondary transfer of securities. GUARDD was founded and is controlled by Sherwood Neiss, Jim Dowd (North Capital), and Doug Ellenoff (Ellenoff Grossman and Schole). EGS

Secondary Trading: Public-Private Execution Network (http://www.ppex.com) is an Alternative Trading System (ATS) that allows for secondary trading of unregistered securities, including digital assets.
The PPEX ATS offers investors access to liquidity through a structured, regulated alternative trading venue. Primary issuers can potentially access new pools of capital by encouraging the development of secondary markets for their securities.

Crowdfunding Professional Association: (http://www.cfpa.org) is a 501(c)(6) nonprofit trade group that was established shortly after the signing of the JOBS Act. The CfPA is dedicated to equitably representing the Crowdfunding industry and supporting the Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) on rulemaking while providing the industry with education, professional networking opportunities, and the tools necessary to cultivate a balanced and healthy ecosystem that will accelerate capital formation and ensure investor protection.

Media Contact

Sherwood E Neiss, GUARDD, Inc., 1 2022477182, [email protected]

SOURCE GUARDD, Inc.

Modal title

Contact PRWeb

  • 11AM ET Sunday – 8PM ET Friday
  • Contact Us

About PRWeb

  • About PRWeb
  • Partners
  • Partnership Programs
  • Editorial Guidelines
  • Resources

Why PRWeb

  • Why PRWeb
  • How It Works
  • Who Uses It
  • Pricing

Accounts

  • Create a Free Account
  • Log in
  • Contact Us

Do not sell or share my personal information:

  • Submit via [email protected] 
  • Call Privacy toll-free: 877-297-8921

Contact Cision

Products

About

My Services
  • All News Releases
  • Online Member Center
  • ProfNet
Cision Distribution Helpline
888-776-0942
  • Legal
  • Site Map
  • RSS
  • Cookie Settings
Copyright © 2025 Cision US Inc.