The Securities and Exchange Commission (SEC) is in charge of regulation and always requires such assets to be registered with the commission before they can be sold publicly. To determine whether an investment falls under the definition of a security, the SEC often looks at whether it meets the definition of an investment contract.
Speaking of NFTs, if such an asset is a work of art or other kind of creativity, then it can be regarded as an element of collecting, and not as a security. NFTs may fall under SEC control if the issuer sells the token as an investment, which involves an initial assessment. For example, if the Nike brand creates a new collection of 100 NFTs, which has a limited edition for a specific collection. After the company notifies customers that each NFT will only become more expensive over the years, because only 100 tokens have been issued, and the proceeds will be used to create new sneakers - this is more like securities than collecting. If a brand tells customers that they can sell tokens on the secondary market and take profits from the sale, then it would be difficult for the firm to avoid registering the token as a security.
Equally popular are fractionated NFTs, F-Nfts, and NFT baskets. Products of this type make it possible to invest in a certain percentage of one NFT, and also facilitate the purchase of several NFT shares at once. Fractional, Niftex and other platforms help the average person buy and sell F-NFTs in the same way that investors trade stocks or collectors sell stamps, eBay cards.
As a result, firms that create NFTs to raise funds and subsequently produce goods and services should seek expert advice on securities to know if there will be violations of securities rules.
What is NFT?
In 2021, many news publications published materials that another NFT picture sold for millions or thousands of dollars, people pay huge amounts for digital products (images, songs, real estate and other items). The market itself was estimated at 40 billion dollars for 2021, and the popularity of NFT tokens is only growing and you need to understand the main trends in the development of technology for 2023. You need to understand why they attract, cost so much, what benefits they bring and are interesting to investors.
The whole feature of NFT lies in the uniqueness and ownership of the cost and value. Tokens are completely unique, a specific type cannot be changed to another or divided into several parts. For example, Bitcoin is 1 unit and it can be divided among other market participants, the dollar can be divided into 100 cents, etc. It is impossible to do this with NFT, it is one separate and indivisible unit.
NFT is a certificate that gives ownership of a digital asset to its owner. The object can be an element of creativity, game details, real estate and much more.
As a result of an increase in demand for tokens, NFT marketplaces have emerged, presented as separate platforms for buying and selling digital objects. The largest and most popular service is OpenSea, which launched in 2017. At the beginning of 2022, the platform set a record for trading volume of $3.5 billion.
In addition to OpenSea, you can sell and buy NFTs on other platforms:
rare;
Niftygateway;
superrare.
All operations are carried out using the ETH cryptocurrency, and the marketplace takes a commission for any operation. In addition, any of the presented platforms is also needed to create your own token.
The NFT market is expected to be over $100 billion by the end of 2026, with an average annual growth rate of 40-50%. Based on this, today we need to think about trends, tendencies and opportunities to enter the young market.
Despite the statistics, numbers and technological breakthrough, tokens seem to many people to be something alien and complicated, but the trend continues to be popular, it includes global brands, large companies, funds and investors. It was similar with cryptocurrency when it first appeared, and already in 2022 it is used all over the world, somewhere to a greater extent, somewhere to a lesser extent.
Nobody can predict the future of NFTs, analysts and experts in the field are confident that tokens will be a convenient means for monetizing their own skills, services, and goods. Due to the active interest and development of technologies, it is important to understand the main advantages and trends in the development of the environment.