If you are a security okens, than you must have license from SEC. Do you have this license? Or why you dont sell tokens to USA investors if you declare himself lufe security token?
Hey thanks for your question about US security token regulations.
Security token issuers who deal from or to the United States are required to file with the SEC for licensing or exemption. ANX is not a US company and we do not issue tokens to US residents and hence do not require licensing or exemption.
Even if we had licensing from the SEC, hedge fund products can not be offered to retail in the US. Our designated exempt Bahamas Closed-end fund structure gives us a lot more freedom there. Take a look at the Fund Structure chapter of the whitepaper if you'd like to know more, or feel free to PM me on here or Telegram @ogoullet.
Thanks,
Oscar.
Well. but you must have license from another regulators if you said that you are a security token. If you dont have license your words does not means nothing.
Hey Traveller, as per my previous post, I encourage you to read the Fund Structure chapter of the whitepaper which covers the regulatory exempt status of Bahamian closed-end funds in detail, as well as our commitment to third party administration and auditing. I have included the relevant sections of the chapter below for your reference:
2 - Fund Structure
2.1 - Closed-end Fund
ANX tokens will be issued by ANOX GROUP LTD. ( Anox , herein the Company ), a Bahamas
International Business Company (IBC) and will represent investor shares in ANOX CAPITAL
LTD. ( Anox Capital , herein the Fund) , a Bahamas closed-end fund structure, pending
incorporation.
Closed-end funds issue a fixed amount of shares in a public offering and then become closed to
new investment. Fund shares then trade freely on exchanges, with price determined by market
forces. Unlike the standard open-end structure, closed-end shares are not redeemed directly with
the fund, but are instead divested on the open market. Likewise, after the initial issuance, new
investors cannot purchase shares directly from the fund, but instead purchase shares from other
participants in the secondary market.
Closed-end funds allow managers to focus on investing a fixed amount of capital for the best
possible return, without worrying about capital outflows and scaling issues which may arise from
new investment.
2.1.1 - Voluntary Licensing
Bahamas closed-end funds and their managers are not regulated by the Securities Commission
of the Bahamas under the The Investment Funds Act (2003) and do not require licensing.
Closed-end funds can apply for regulation and licensing on a voluntary basis if they so wish and
Anox may opt to do so at its discretion following fund launch.
Despite closed-end fund structures being unregulated entities, Bahamian companies are still
subject to strict laws and regulations protecting both them and their customers. Investors in ANX
will be protected by the Bahamas Consumer Protection Act (2006) and Anox will be subject to
the rulings and regulations of the Consumer Protection Commission of the Bahamas.
The unregulated status of Bahamas closed-end funds gives Anox the freedom to innovate in the
rapidly developing STO space, delivering a best-in-class product, free from excessive regulatory
burdens, whilst still providing investors with the extensive protections available to them under
Bahamian common law.
2.1.2 - Administered and Audited
As Anox Capital is an unregulated Bahamian closed-end fund, third-party administrators or
auditors are not legally required. Despite this, Anox is committed to industry best practices and
shall appoint licensed third-parties to administer and audit the Fund.
Anox has a range of options available when it comes to Bahamian licensed administrators and
auditing partners and these appointments will be made and announced prior to fund launch. Full
audits of fund holdings and performance data will be conducted on an annual basis, commencing
one year following fund launch.
Our commitment to third-party administration and auditing, provides investors with
transparency, whilst reducing administrative overheads, meeting industry standards and
exceeding our obligations under Bahamian law. Additionally, administration and auditing paves
the way for meeting key requirements of voluntary licensing procedures.