What Preventative Compliance Measures Can a Company Take to Avoid a Cease and Desist Order?
The company should conduct a thorough legal analysis (Howey Test) to ensure the token is structured as a utility, not a security. This includes rigorous vetting of all marketing materials to avoid promising investment returns.
Implementing robust Know Your Customer (KYC) and Anti-Money Laundering (AML) procedures is also critical. Finally, seeking a no-action letter or utilizing a regulatory sandbox provides a proactive defense.