Atkins proposes a safe harbor allowing issuers to delink crypto assets from their original investment contracts.
“In addition to the startup and fundraising exemptions, the proposed rules would include a conditional safe harbor by which an issuer of an investment contract could delink a crypto asset from the investment contract with which it was once associated.”
Atkins proposes a safe harbor from investment contract definition once issuers complete all promised managerial efforts.
“In addition, a conditional safe harbor from the definition of “investment contract” under the Securities Act and the Securities Exchange Act would be available once an issuer has completed or otherwise permanently ceased all essential managerial efforts that it represented or promised it would engage in under the covered investment contract.”