Legal & Compliance Framework
KimberLite is built with regulatory compliance as a core principle. Our model is designed to provide clear ownership of real-world assets while minimizing regulatory uncertainty, particularly under U.S. securities laws.
The Howey Test Explained
The Howey Test (established by the U.S. Supreme Court in 1946) is the primary framework used by the SEC to determine whether an asset qualifies as a security (investment contract). It has four prongs:
Investment of money
In a common enterprise
With reasonable expectation of profits
Derived primarily from the efforts of others
KimberLite’s structure emphasizes direct ownership of physical rough diamonds through eDiamonds and eCarats, combined with strong redeemability.
This design aims to demonstrate that value derives from the underlying asset itself rather than solely from the efforts of the team, helping align with non-security treatment for tokenized RWAs.
KimberLite Token prioritizes ironclad SEC compliance for tokenized real-world assets, letting you invest in eDiamonds with full peace of mind
Asset Verification & Custody
Every eDiamond is backed by a physical rough diamond that undergoes a rigorous verification process to ensure authenticity, quality, and regulatory compliance. This multi-layered approach provides investors with confidence that each token is fully supported by a real, tangible asset.
Sourced from trusted suppliers through our verified supply chain (sister company BSR Global)
Independently audited and graded by third-party gemological experts
Full chain-of-custody documentation including Kimberley Process compliance
Securely stored in a world-class, insured vault operated by Malca-Amit in New York
Regular third-party audits of both the physical stones and custody records
This structured verification and custody framework strengthens legal clarity by ensuring each eDiamond represents a verifiable, allocated physical asset.
Redemption Rights
A cornerstone of our compliance approach is the unrestricted right for holders to redeem their eDiamonds for the physical rough diamond at any time, free of charge.
This direct redeemability is a key factor in strengthening the legal position that eDiamonds function as digital representations of real assets. It gives investors genuine control and ownership, reducing reliance on KimberLite’s ongoing efforts and supporting a non-security classification under the Howey Test.
eCarat Fractional Ownership
For fractional ownership, eCarats are structured with strict 1:1 equivalent physical backing. For example, a 10-carat diamond tokenized into ten 1-carat eCarats is supported by ten equivalent-quality stones held in custody.
This transparent and carefully designed fractional model enables individual redemption rights while avoiding the regulatory complexities often associated with pooled investment vehicles. It provides legal clarity and flexibility for both small and large investors.