Digital Transaction Focused Public Companies

Following the run-away success of Strategy, Inc. (formerly MicroStrategy, Inc.), Metaplanet, Inc., MARA Holdings, Inc. and several others, a new model for public company activity emerged – a DatCo.  DatCo is shorthand for a company whose primary value proposition is centered on data, technology platforms, analytics, or proprietary information, rather than a traditional operating business with established revenues. A DatCo generally buys, holds and trades in cryptocurrencies.

While the DatCo label may be new, the regulatory issues raised by these transactions are not. In fact, many DatCo formations follow a familiar playbook that squarely implicates Nasdaq and NYSE American shareholder approval rules — rules that issuers sometimes attempt to structure around, and that regulators are increasingly scrutinizing.

How DatCos Are Typically Formed

Many DatCos are formed when an existing public company — often a microcap issuer or a company whose original business has stalled — pivots to a data-driven business model. The pivot is frequently accomplished through a combination