SEC sees $5M victory in case against Kik

The outlook is grim for the Canadian messaging app as it loses $5 million over its ICO for Kin tokens.

On Wednesday, the U.S. Securities and Exchange Commission announced the end of its lawsuit against Kik Interactive.

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The Canadian messenger app fell afoul of the U.S. regulator for failing to treat its sale of KIN tokens as a securities offering. A district judge confirmed the SEC’s view at the end of September, but only today did the court see the final judgment. 

As a result of today’s judgment, Kik will need to pay the SEC $5 million in penalties and keep the commission posted as to any capital raises for the next three years. Given that Kik was a firm in financial dire straits before its initial coin offering (ICO) for KIN, it’s an open question as to whether it will survive.

Alongside the SEC’s victory over Telegram in a similar ruling, many commentators have seen recent court decisions as putting an end to end to Simple Agreement for Future Token contracts that were the legal framework for a number of the largest ICOs of recent years.