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Kotlyar Foundation
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The Future of NFTs. Art or Securities?Insights from the Kotlyar Foundation. The non-fungible token (NFT) landscape has rapidly evolved, transforming from a niche digital asset into a multi-billion-dollar industry. As the market matures, the question of how NFTs should be classified—whether as art, commodities, or securities—becomes increasingly pertinent. The Kotlyar Foundation, known for its forward-thinking approach to digital assets, has been at the forefront of this discussion, emphasizing the need for clear distinctions to ensure proper regulation and protection for investors and creators alike. Understanding NFTs. Art, Asset, or Security? At its core, an NFT is a digital representation of ownership over a unique item, often associated with digital art, music, videos, or tokenized real-world objects. The allure of NFTs lies in their uniqueness and the ability to verify ownership through blockchain technology. However, this same uniqueness raises questions about their classification in legal and financial frameworks. Digital Art vs. Tokenized Assets The Kotlyar Foundation suggests that to properly classify NFTs, it is crucial to differentiate between NFTs as digital art and those representing tokenized real-world objects. When an NFT is purely a digital artwork, it functions similarly to a traditional piece of art. Its value is driven by market demand, the reputation of the artist, and the perceived cultural significance of the work. Like paintings or sculptures, these NFTs can appreciate over time, allowing collectors to potentially profit from their investments. However, when an NFT represents a tokenized real-world object, such as real estate or a share of a company, the situation becomes more complex. In these cases, the NFT might not merely serve as a digital collectible but could also confer ownership rights or other economic benefits. This is where the line between an NFT as a digital asset and as a security begins to blur. When Does an NFT Become a Security? The classification of an NFT as a security largely hinges on the expectations of the buyer and the nature of the transaction. According to the Kotlyar Foundation, if the purchase of an NFT involves the transfer of ownership rights and the buyer expects to profit from the asset's future appreciation, the NFT might be viewed similarly to stocks or bonds. This expectation of profit, coupled with the transfer of rights, aligns with the traditional definition of a security. However, if the seller of the NFT does not emphasize the potential for future gains, and the transaction is more about the enjoyment or ownership of a digital artwork, the NFT is less likely to be considered a security. The intent and communication during the sale play a critical role in this distinction. If the primary purpose of the NFT is artistic expression, without any promise of income or profit, it can more comfortably fit within the category of art rather than a financial instrument. The Special Case of Fractional NFTs and Royalties One area where NFTs unequivocally cross into the realm of securities is with fractional NFTs. These are NFTs that have been divided into smaller fractions, allowing multiple investors to own a portion of the original asset. The Kotlyar Foundation points out that fractional ownership inherently involves an expectation of profit from the collective value of the asset, making these types of NFTs more akin to shares in a company. Consequently, fractional NFTs are likely to be classified as securities, subject to the same regulatory scrutiny as traditional financial instruments. Similarly, NFTs that are sold with the promise of royalties, profits, or dividends also fall under the securities umbrella. When an NFT transaction includes an agreement that the buyer will receive a portion of the income generated by the asset, whether through resales, intellectual property rights, or other revenue streams, the NFT transcends the realm of art and becomes a financial asset. The Future of NFT Regulation As the NFT market continues to grow, so too will the regulatory frameworks that govern it. The Kotlyar Foundation emphasizes that clear guidelines are essential to protect both creators and investors. The challenge lies in developing regulations that recognize the unique nature of NFTs while ensuring that those NFTs that function as securities are properly regulated to prevent fraud and abuse. The future of NFTs will likely see a bifurcation in the market, with some NFTs clearly categorized as digital art and others as securities. This distinction will be crucial for the continued growth and legitimacy of the NFT space. As more real-world assets are tokenized and represented as NFTs, the lines between art, asset, and security will continue to blur, necessitating ongoing dialogue and adaptation within both the legal and financial communities. NFTs could be the next frontier of digital ownership, yet their status as securities will depend on the underlying intent, structure, and how they are marketed to investors. While NFTs can be a dynamic medium for artistic expression, they also hold the potential to function as complex financial instruments. The Kotlyar Foundation insights suggest that the future of NFTs will depend on our ability to clearly define and regulate these distinctions, ensuring that the market can thrive while protecting the interests of all stakeholders. #KotlyarFoundation #LeonidKotlyar #Philanthropy #SecurityTokenization #NFT​

The Future of NFTs. Art or Securities?

Insights from the Kotlyar Foundation. The non-fungible token (NFT) landscape has rapidly evolved, transforming from a niche digital asset into a multi-billion-dollar industry. As the market matures, the question of how NFTs should be classified—whether as art, commodities, or securities—becomes increasingly pertinent. The Kotlyar Foundation, known for its forward-thinking approach to digital assets, has been at the forefront of this discussion, emphasizing the need for clear distinctions to ensure proper regulation and protection for investors and creators alike.
Understanding NFTs. Art, Asset, or Security?
At its core, an NFT is a digital representation of ownership over a unique item, often associated with digital art, music, videos, or tokenized real-world objects. The allure of NFTs lies in their uniqueness and the ability to verify ownership through blockchain technology. However, this same uniqueness raises questions about their classification in legal and financial frameworks.
Digital Art vs. Tokenized Assets
The Kotlyar Foundation suggests that to properly classify NFTs, it is crucial to differentiate between NFTs as digital art and those representing tokenized real-world objects. When an NFT is purely a digital artwork, it functions similarly to a traditional piece of art. Its value is driven by market demand, the reputation of the artist, and the perceived cultural significance of the work. Like paintings or sculptures, these NFTs can appreciate over time, allowing collectors to potentially profit from their investments.
However, when an NFT represents a tokenized real-world object, such as real estate or a share of a company, the situation becomes more complex. In these cases, the NFT might not merely serve as a digital collectible but could also confer ownership rights or other economic benefits. This is where the line between an NFT as a digital asset and as a security begins to blur.
When Does an NFT Become a Security?
The classification of an NFT as a security largely hinges on the expectations of the buyer and the nature of the transaction. According to the Kotlyar Foundation, if the purchase of an NFT involves the transfer of ownership rights and the buyer expects to profit from the asset's future appreciation, the NFT might be viewed similarly to stocks or bonds. This expectation of profit, coupled with the transfer of rights, aligns with the traditional definition of a security.
However, if the seller of the NFT does not emphasize the potential for future gains, and the transaction is more about the enjoyment or ownership of a digital artwork, the NFT is less likely to be considered a security. The intent and communication during the sale play a critical role in this distinction. If the primary purpose of the NFT is artistic expression, without any promise of income or profit, it can more comfortably fit within the category of art rather than a financial instrument.
The Special Case of Fractional NFTs and Royalties
One area where NFTs unequivocally cross into the realm of securities is with fractional NFTs. These are NFTs that have been divided into smaller fractions, allowing multiple investors to own a portion of the original asset. The Kotlyar Foundation points out that fractional ownership inherently involves an expectation of profit from the collective value of the asset, making these types of NFTs more akin to shares in a company. Consequently, fractional NFTs are likely to be classified as securities, subject to the same regulatory scrutiny as traditional financial instruments.
Similarly, NFTs that are sold with the promise of royalties, profits, or dividends also fall under the securities umbrella. When an NFT transaction includes an agreement that the buyer will receive a portion of the income generated by the asset, whether through resales, intellectual property rights, or other revenue streams, the NFT transcends the realm of art and becomes a financial asset.
The Future of NFT Regulation
As the NFT market continues to grow, so too will the regulatory frameworks that govern it. The Kotlyar Foundation emphasizes that clear guidelines are essential to protect both creators and investors. The challenge lies in developing regulations that recognize the unique nature of NFTs while ensuring that those NFTs that function as securities are properly regulated to prevent fraud and abuse.
The future of NFTs will likely see a bifurcation in the market, with some NFTs clearly categorized as digital art and others as securities. This distinction will be crucial for the continued growth and legitimacy of the NFT space. As more real-world assets are tokenized and represented as NFTs, the lines between art, asset, and security will continue to blur, necessitating ongoing dialogue and adaptation within both the legal and financial communities.
NFTs could be the next frontier of digital ownership, yet their status as securities will depend on the underlying intent, structure, and how they are marketed to investors.
While NFTs can be a dynamic medium for artistic expression, they also hold the potential to function as complex financial instruments. The Kotlyar Foundation insights suggest that the future of NFTs will depend on our ability to clearly define and regulate these distinctions, ensuring that the market can thrive while protecting the interests of all stakeholders. #KotlyarFoundation #LeonidKotlyar #Philanthropy #SecurityTokenization #NFT​
A crypto project focused on Restaking BNB could have many notable strengths, leveraging the flexibility and benefits of the Binance Smart Chain platform. Here are some potential strengths of a Restaking BNB project: Optimized Returns: The project could help users maximize returns from their staking investments by automatically reinvesting BNB into high-yield staking opportunities, enabling users to earn more from their initial investment. Automation and Simplification of Staking Process: By providing an automated solution for the staking process, the project helps reduce the complexity and time required to manage staking, making the process simpler and more accessible for all users. Support for Diverse Staking Strategies: Users could choose from a variety of staking strategies that match their risk tolerance and investment goals. This allows them to customize their staking experience to suit their individual needs. Enhanced Security: The project could leverage blockchain technology to ensure that the staking process is secure, transparent, and immutable, protecting users from potential asset losses due to transaction errors or attacks. #SecurityTokenization $BNB
A crypto project focused on Restaking BNB could have many notable strengths, leveraging the flexibility and benefits of the Binance Smart Chain platform. Here are some potential strengths of a Restaking BNB project:

Optimized Returns:
The project could help users maximize returns from their staking investments by automatically reinvesting BNB into high-yield staking opportunities, enabling users to earn more from their initial investment.
Automation and Simplification of Staking Process:
By providing an automated solution for the staking process, the project helps reduce the complexity and time required to manage staking, making the process simpler and more accessible for all users.
Support for Diverse Staking Strategies:
Users could choose from a variety of staking strategies that match their risk tolerance and investment goals. This allows them to customize their staking experience to suit their individual needs.
Enhanced Security:
The project could leverage blockchain technology to ensure that the staking process is secure, transparent, and immutable, protecting users from potential asset losses due to transaction errors or attacks.

#SecurityTokenization $BNB
Revolutionizing Social Media with SocialFi SocialFi represents a transformative approach to social media, integrating financial incentives directly into the user experience. This project leverages blockchain technology to create a decentralized social network where users can earn cryptocurrency rewards for creating content, engaging with posts, or participating in community governance. By marrying social media functionalities with DeFi protocols, SocialFi empowers users to take control of their data and monetize their interactions without intermediaries. This not only enhances privacy and control but also opens up a whole new ecosystem of financial opportunities within social platforms, making it a revolutionary step for content creators and consumers alike. #SecurityTokenization
Revolutionizing Social Media with SocialFi
SocialFi represents a transformative approach to social media, integrating financial incentives directly into the user experience. This project leverages blockchain technology to create a decentralized social network where users can earn cryptocurrency rewards for creating content, engaging with posts, or participating in community governance. By marrying social media functionalities with DeFi protocols, SocialFi empowers users to take control of their data and monetize their interactions without intermediaries. This not only enhances privacy and control but also opens up a whole new ecosystem of financial opportunities within social platforms, making it a revolutionary step for content creators and consumers alike.

#SecurityTokenization
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CoinDesk
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SEC's Gensler Going Rogue in Solo Quest to Stop U.S. Crypto Legislation?
Securities and Exchange Commission Chair Gary Gensler is holding the line that he doesn't need legislation to police crypto, even as the White House and others say they're ready to hash out regulatory policies.

A presidential policy statement on Wednesday said the White House is eager to establish a "comprehensive and balanced regulatory framework."

The White House is "eager" to work on a crypto bill. That was the sentiment of its latest statement on Wednesday, putting the administration on-the-record again about wanting new digital assets policies to protect investors.

But U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler – the securities watchdog President Joe Biden hired as a member of his transition team and a key regulator – says don't bother. Gensler's strong view that existing laws give his agency plenty of authority seems to go against other U.S. regulatory agencies, the White House and its Treasury Department.

Gensler, in a statement he issued against the Financial Innovation and Technology for the 21st Century Act (FIT21) on Wednesday – as the bill heads toward a vote that's expected to count a significant number of Democratic supporters – accused crypto firms again of showing "their unwillingness to comply with applicable laws and regulations for more than a decade, variously arguing that the laws do not apply to them or that a new set of rules should be created and retroactively applied to them to excuse their past conduct."

"The crypto industry’s record of failures, frauds, and bankruptcies is not because we don't have rules or because the rules are unclear," Gensler argued. "It’s because many players in the crypto industry don’t play by the rules."

Biden's White House may not like FIT21 either, but a policy statement the same morning said the administration is "eager to work with Congress to ensure a comprehensive and balanced regulatory framework for digital assets, building on existing authorities."

Rep. French Hill (R-Ark.) said in a CoinDesk TV interview on Wednesday that many House Democrats "recognize that the existing Securities and Exchange Commission rules are inadequate." Hill added that FIT21 is trying to give Gensler's agency a roadmap for handling this sector.

"I cannot explain why he's taken the position that he had," Hill said. "I think he's isolated from other regulatory leaders."

The SEC didn't immediately respond to a request Wednesday to comment on whether Gensler sees himself at odds with fellow government officials.

The SEC's sister agency in policing the U.S. markets, the Commodity Futures and Trading Commission (CFTC), has taken a strong pro-legislation position, arguing that existing law leaves a hole in oversight of the crypto spot markets for non-securities, such as bitcoin {{BTC}}. CFTC Chairman Rostin Behnam has told lawmakers that "Congress needs to act" on crypto legislation, and he's said that if FIT21 passes, his agency can build a regulatory framework within 12 months. A CFTC spokesperson told CoinDesk on Tuesday that the agency would not comment on the bill.

Consumer-protection groups seem to be in Gensler's corner on this, and Mark Hays, a senior policy analyst for Americans for Financial Reform and Demand Progress, dismissed the apparent contrasts among different corners of the federal government.

"It reflects slightly different takes on what's important and the 'art' of what's possible in politics," he told CoinDesk in an email. The regulators "all have different tools to address crypto regulation matters. Some of them have exercised that role effectively; others could do more."

The spot-markets gap could be filled by separate legislation naming the SEC its regulator, said Hays, who argued that in matters of investor protection the SEC's view should get some deference, despite the CFTC "playing the spoiler." His groups are among dozens of organizations opposing FIT21 on consumer-protection grounds.

The federal courts – despite Gensler's contention that judges have agreed with his agency "time and again" on crypto matters – haven't yet provided consistent answers on whether tokens should be treated as securities, and the final say may still need to come from the U.S. Supreme Court. So, it's a race between Congress and the courts on who will define how tokens such as bitcoin, Ethereum's ether {{ETH}}, tether {{USDT}} and solana {{SOL}} should be handled in the U.S.

Among other government voices clamoring for crypto legislation, Treasury Secretary Janet Yellen said earlier this year that "Congress should pass legislation to provide for the regulation of stablecoins and of the spot market for crypto-assets that are not securities." The Treasury interest in the spot markets and illicit finance doesn't leave a clear picture yet on exactly what the administration's financial arm would be interested in for crypto oversight, though the White House has certainly indicated that FIT21 isn't it.

But whether the government likes it or not, that's the first crypto bill that will receive a vote in one of the chambers of Congress, leaving it as the most prominent piece of digital assets legislation in the conversation.

"We're disappointed that Chairman Gensler doesn't see that this is better than current law and gives him the tools, ability, and a process that can allow him to be a better regulator and a better supervisor in this space," Hill said.

Read More: SEC's Gensler Says House Bill Would 'Undermine' Regulator's Crypto, Capital Markets Oversight
High-Level Security Integration: AI can help enhance security for crypto transactions by detecting and preventing fraudulent activities or hacking. Machine learning technologies can be continuously updated and refined to adapt to new security threats. #BTC‬ #AI #SecurityTokenization
High-Level Security Integration:
AI can help enhance security for crypto transactions by detecting and preventing fraudulent activities or hacking. Machine learning technologies can be continuously updated and refined to adapt to new security threats.

#BTC‬ #AI #SecurityTokenization
Crypto Security Tips: Protecting Your Assets** With the rise of digital assets, security is paramount. Here are some essential tips to safeguard your crypto holdings: 1. Use hardware wallets for storing significant amounts of cryptocurrency. 2. Enable two-factor authentication (2FA) on all exchange accounts. 3. Be cautious of phishing scams and avoid clicking on suspicious links. 4. Regularly update your software and use antivirus protection. 5. Diversify your investments to mitigate risks. By following these practices, you can enhance your crypto security and protect your investments from potential threats. #SecurityTokenization #crypto
Crypto Security Tips: Protecting Your Assets**

With the rise of digital assets, security is paramount. Here are some essential tips to safeguard your crypto holdings:
1. Use hardware wallets for storing significant amounts of cryptocurrency.
2. Enable two-factor authentication (2FA) on all exchange accounts.
3. Be cautious of phishing scams and avoid clicking on suspicious links.
4. Regularly update your software and use antivirus protection.
5. Diversify your investments to mitigate risks.
By following these practices, you can enhance your crypto security and protect your investments from potential threats.
#SecurityTokenization #crypto
BlackRock tokenizes Money Market Fund on Hedera, HBAR surges! Archax, a regulated digital asset exchange and custodian, has partnered with the HBAR Foundation to tokenize shares of BlackRock's ICS US Treasury Money Market Fund on the Hedera network. This marks a significant development in the real-world asset (RWA) tokenization space and could potentially open up new avenues for institutional investment in the crypto market. The news has fueled a surge in HBAR's price, which has skyrocketed over 75% in the past day. This follows on the heels of abrdn plc tokenizing its MMFs on Hedera last year, further solidifying the network's position as a viable platform for tokenized securities. What are your thoughts on this development? Will it lead to wider adoption of Hedera and tokenized assets? #HederaHashgraph #HBARUSD #Cryptocurrency #SecurityTokenization #BlackRock
BlackRock tokenizes Money Market Fund on Hedera, HBAR surges!

Archax, a regulated digital asset exchange and custodian, has partnered with the HBAR Foundation to tokenize shares of BlackRock's ICS US Treasury Money Market Fund on the Hedera network. This marks a significant development in the real-world asset (RWA) tokenization space and could potentially open up new avenues for institutional investment in the crypto market.

The news has fueled a surge in HBAR's price, which has skyrocketed over 75% in the past day. This follows on the heels of abrdn plc tokenizing its MMFs on Hedera last year, further solidifying the network's position as a viable platform for tokenized securities.

What are your thoughts on this development? Will it lead to wider adoption of Hedera and tokenized assets?

#HederaHashgraph #HBARUSD #Cryptocurrency #SecurityTokenization #BlackRock
This Month is Shaping Up to Be a Historic Bull Run for Crypto! 🚀 $BTC nearing its all-time high 🏆 Anticipated #ETHETF approval 🌟 #SecurityTokenization adopting a bullish stance 📈 Donald Trump accepting crypto payments 💸 Political parties leveraging #Bitcoin to attract more voters 🗳️ Disclaimer: Includes third-party opinions. No financial advice. May include sponsored content. See T&Cs.
This Month is Shaping Up to Be a Historic Bull Run for Crypto! 🚀

$BTC nearing its all-time high 🏆

Anticipated #ETHETF approval 🌟

#SecurityTokenization adopting a bullish stance 📈

Donald Trump accepting crypto payments 💸

Political parties leveraging #Bitcoin to attract more voters 🗳️

Disclaimer: Includes third-party opinions. No financial advice. May include sponsored content. See T&Cs.
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