The answer depends on the jurisdiction. For the USA John Nagle had posted some relevant links in the old thread:
https://bt.irlbtc.com/view/46486.0I guess the best summary is: it doesn't matter so long as nobody had lost any significant value when circulating and trading them. Once there is a significant loss (and a significant gain on some other side of the deal) then anything goes: the one with the better lawyers wins.
Edit: Oh, and make sure that you don't market them as a suitable investments for the proverbial "widows and orphans," or in the Bitcoin parlance "grandmas."