Vault12: The SEC's proposal for a token safe harbor lacks regulatory certainty

The cryptocurrency wallet backup company Vault12 submitted a letter to the U.S. Securities and Exchange Commission (SEC), pointing out that the proposed token safe harbor framework fails to adequately alleviate concerns about the listing of tokens on centralized exchanges. Trading platforms remain worried about the potential for the SEC to retroactively challenge the legal status of tokens in the future.

Vault12 raised $17.45 million from 38 investors in 2018 through a future token agreement, and its issued Vault Guardian Token (VGT) has yet to be listed on any centralized exchange. The project has fulfilled or formally abandoned all commitments in its white paper, but the exchanges previously contacted still require confirmation that the SEC will not determine in the future that VGT continues to be bound by the original investment contract. The SEC's proposed "Regulation Crypto Assets" plan introduced in August of this year aims to provide exemptions for token financing and allows eligible projects to terminate the association between tokens and the original investment contracts through a safe harbor mechanism. Vault12 suggests adding a 60-day objection period, during which if the SEC does not raise any objections, eligible filings should have final effect on the agency, except in cases of fraud or significant misrepresentation.