Canadian courier firm Kik is in search of a short pre-trial judgment in its authorized dispute with the U.S. Securities and Alternate Fee (SEC) over the corporate's preliminary $ 100 million (ICO) coin providing in 2017.
On March 20, Kik served one memorandum of the legislation that filed for the abstract judgment of the court docket and alleged that the SEC had not demonstrated that its KIN tokens contained unlicensed securities.
Kik expects authorized victory with abstract judgment
Referring to the general public sale as a token distribution occasion (TDE) as a substitute of an ICO, Kik argues that its KIN tokens don’t meet two of the three safety necessities set forth within the "Howey Check".
First Kik argues that its TDE was not a "three way partnership" between the corporate and the consumers of its tokens – arguing that the phrases of sale solely required Kik to ship the tokens and that that they had "completely no management of the tokens after subject" .
Kik additionally claims that it promoted its Kin Tokens solely as a medium of alternate moderately than an funding alternative:
"The SEC can’t show that Kin consumers had been induced to anticipate a revenue from Kik's or others' important administration and entrepreneurial efforts, as Howey requires. Proof is undisputed that Kik has promoted Kin as a medium of alternate to be used in a brand new digital financial system, not as an funding alternative. ”
SEC claims & # 39; undisputed proof & # 39; that KIN are results
Based on the SEC, Kik shamelessly informed traders that KIN costs are rising alongside rising demand for the tokens – for which the issuer promised to "do vital work to drive that demand."
"Kik & # 39; s provide and sale of Kin in 2017 was a proposal and sale of funding contracts to the general public, which was not registered with the SEC and was not exempt from registration below the legislation," the SEC argued.
Either side anticipate victory by means of a preliminary evaluation
Curiously sufficient, each the SEC and Kik are assured that they may win the case in a abstract judgment.
Whereas Kik believes it has solely bought tokens to accredited traders and that its sale was exempt from the registration necessities of the Securities Act, the SEC describes the dispute as a easy case the place Kik's funding scheme and violations of part 5 will be simply recognized. "