Bitwise Asks SEC to Define When Crypto Assets Separate From Investment Contracts

Bitwise Asset Management, Inc. has asked the SEC to set an observable standard for when a crypto asset separates from an investment contract, giving managers a way to assess its status using public information. Bitwise made the request in an Oct. 19 comment on the SEC’s proposed Regulation Crypto Assets. It also wants the agency to explain when an investment manager or another party that is not the issuer may rely on an issuer’s proposed Form TR filing, and how to assess an asset when no filing exists. Under the proposal, Form TR would let an issuer certify that an investment contract has ended. Bitwise’s request focuses on how others can make that assessment from information they can obtain publicly.

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