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Brian Brooks: Token Securities Framework and Launching a Network

Brooks starts off calling crypto the “most perfect intersection of tech and finance,” but he cautions that crypto builders must navigate traditional financial-services regulatory structures. This takes on special importance because tokens, the native assets of crypto networks, can be deemed securities by regulators, making them illegal to list on exchanges and subject to disclosures and other legal requirements. 

Brooks explains the four-part Howey test, the Supreme Court ruling that has come to define when a given transaction is a securities transaction. Because crypto is still relatively new, however, the path to legality is still developing. In the meantime, the crypto industry has created the Crypto Rating Council, a new tool to objectively rate tokens and gauge their risk of being deemed securities. 

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