Question: in light of the SEC decision regarding the DAO, is there any way to do an ICO that doesn't run the risk of later the whole company being shut down for not registering securities? Like maybe opening the company in Crypto Valley, Zug? Is there a way to do a public offering of tokens? Or does it necessitate all the same reporting that a publicly listed company has? Could still be worth it! Because the investor…
Yes: Do an ICO like a kickstarter. It's not illegal. The tokens just need to not be financial instruments. You can say "Buy my tokens to fund my project."
There are the Howey test on the Federal level, and then there is also the Risk Capital Test in several states.
Precedent can very easily go towards the direction that people have a reasonable expectation of the tokens going up in value, making them securities in the eyes of at least the Risk Capital Test. In fact club memberships became securities under this test!
http://www.theselc.org/which_states_apply_the_risk_capital_t...