Why The ATLANT Token Is Not A Security
The ATL token is what is known as a utility token, and is not a security.
We are often asked whether or not the ATLANT token (ATL) is a security.
ATLANT has received legal opinions from leading attorneys covering the United States, the United Kingdom and Europe, stating that the ATL token is not a security.
The U.S. decision was prepared by Velton Zegelman PC, a legal firm specializing in the emerging field of cryptocurrency law and acting as corporate counsel for numerous high profile ICO (initial coin offering) transactions, including ATLANT. The U.S. decision concludes: “We conclude that the ATL token would not be deemed to meet the definition of security and, accordingly, that the federal securities laws would not apply to the initial distribution and subsequent trading of such ATL tokens in the United States.” In the decision, Zegelman cites the Howey test as the primary standard for determining whether or not a given cryptocurrency token is a security, or not, stating: “The applicable Supreme Court case for determining whether an instrument meets the definition of security is SEC v. Howey, 328 U.S. 293 (1946). The Supreme Court has reaffirmed the Howey analysis as recently as 2004 in SEC v. Edwards, 540 U.S. 398 (2004). The Howey standard applies to blockchain tokens and ICOs as well.” The decision then goes on to address the four criteria outlined in the Howey test, point by point. One pertinent passage highlights exactly why the ATLANT token is not a security, per the fourth point of the Howey test, which requires that a given (token, in this case) have any increase in value occur “solely through the effort of others.” “If ATL token holders have rights to validate transactions in the ATLANT platform, to vote on issues related to the selection and management of tokenized real estate assets, to act as individual arbitrators in p2p rental disputes, and to generally actively participate in ATLANT platform operations and derive active income from their efforts, then there is no expectation of profits solely from the efforts of others.”
And, per the rights described in the ATLANT White Paper (p.8–9), ATL token holders certainly do have such rights:
ATL tokens are essentially membership certificates in the ATLANT Platform, which give the following rights and privileges to their owners provided compliance with KYC/AML policies of ATLANT and proof of member activity confirmed by running an ATLANT node on the member’s computer: After a successful token sale, an agreed portion of the property tokens are released to ATL token holders proportionately. Commissions from P2P platform fees are distributed to the ATL token holders. The size of this fee is determined by voting of the ATL token holders.
ATL token holders also participate in votes to decide various actions taken with respect to the property: platform listing decision, listing fee approval, law firm choice, management company choice (property tokenization), property for rent approval, and rental fee approval.
There is also the ability to work, and to earn extra income, within the framework of ATLANT as an arbiter for conflict resolution in P2P rentals, moderated via an arbiter rating system. As a result of this work, the funds withheld from the escrow of the losing party are distributed to the ATL token holder who performed the arbitration.
ATL token holders also have influence on the platform and ability to propose, vote on and aid further developments to improve the efficiency of real estate globally, as well as boost ATLANT’s global adoption and growth.
Token holders agree upon every decision taken within the platform, affecting both tokenizing property and the P2P rental service, by the use of a voting mechanism. ATL token holders vote for or against the proposals created by the most reputable token holders, covering all activities within the platform.
The UK/EU decision was prepared by Berwin Leighton Paisner (BLP), headquartered in London, a 1st tier real estate law practice according to Legal 500. After extensive exploration of various facets of UK/EU legislation related to securities, including MiFID, Prospectus Directive and AIFMD, the decision concludes:
“We do not consider that the ATL tokens will constitute securities under EU-level or UK legislation, and as such, the UK and broader EU-level financial services regulatory regimes will not apply to restrict the offering of ATL tokens to EU-based persons.”
Per both of these decisions, it is clear that the ATLANT token is not a security as defined by relevant law in the United States, the United Kingdom, or European Union.
ATLANT is a revolutionary global real estate platform enabling tokenization of real estate ownership and P2P rentals.
The rapidly growing ATLANT team is both distributed and global, with current team members in the U.S., the U.K., Russia and Hong Kong. The ATLANT platform is scheduled for launch in March 2018.
For additional details, and/or to participate in ATLANT’s ICO (ending October 31, 2017), please visit www.atlant.io.