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Book Token law and markets

    Book Details:
  • Author : Ibáñez Jiménez, Javier Wenceslao
  • Publisher : Editorial Reus
  • Release : 2021-10-14
  • ISBN : 8429025480
  • Pages : 198 pages

Download or read book Token law and markets written by Ibáñez Jiménez, Javier Wenceslao and published by Editorial Reus. This book was released on 2021-10-14 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esta monografía sobre derecho de tokens y tokenomics muestra los avances en el derecho de tokens americano y europeo, haciendo hincapié en las cuestiones esenciales que plantea la nueva Estrategia de Finanzas Digitales para DeFi y para los mercados de tokens, englobando las tres Propuestas de Regulaciones.

Book Token as Value Rights   Token Offerings and decentralized Trading Venues

Download or read book Token as Value Rights Token Offerings and decentralized Trading Venues written by Josef Bergt and published by BoD – Books on Demand. This book was released on 2020-05-28 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was translated from German into Russian by means of artificial intelligence (machine translation). This academic paper deals with both civil (securities) law and regulatory (securities) law aspects. Thus, a summary of the property law is provided, which deals with the classification of tokens under Liechtenstein law. Furthermore, dematerialized securities, which have been known to the Liechtenstein legal system for almost 100 years, will be dis-cussed. The civil and corporate law focus is on Liechtenstein, while the Swiss corporate law and the general civil law of Austrian law are also taken into account. The supervisory part of the work is clearly in the focus of Union law, but also takes into account national specialties of Liechtenstein, Austria and Germany in addition to European legal acts. Thus, tokens and token-based business models are also examined in the light of European legal acts such as MiFIR, MiFID II, CRR, CRD IV, CSDR, EMIR, AIFMD, UCITSD, E-Money Directive II, PSD II, MAD/MAR, Prospectus Regulation, 5th AML Directive and other regulations, directives, as well as implementing regulations and delegated regulations. A special focus is placed on crypto exchanges and decentralized trading places (DEX). In addition, a focus will be placed on consumer law in terms of tokens and distance selling contracts, taking into account the Consumer Rights Directives. In this context, tokens as data or software and thus as digital content and consequently merchandise are also dealt with in more detail and the parallels to tokens as tokens with intrinsic value or virtual currencies in contrast to fiat money are shown. Furthermore, the author aims at explaining deposit business, e-money transactions and financial instruments as communicating vessels in contrast to virtual currencies. Although this is primarily a legal work, technical aspects of Distributed Ledger Technologies, such as the blockchain, smart contracts, agoric computing, self-sovereign identity, etc. - as far as this is necessary for the legal assessment - are also explained in more detail. The present discussion is to be understood as scientific work with practical relevance for advice in connection with blockchain based business models.

Book Crypto assets global corporate finance transactions

Download or read book Crypto assets global corporate finance transactions written by Massimiliano Caruso and published by Singulab. This book was released on 2019-02-11 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of crypto-assets and crypto-assets corporate finance transactions – like Initial Coin Offerings, Security Token Offerings, Initial Exchange Offerings, and respective variants – are disrupting the way companies raise funds. At the same time the sudden rise of crypto finance transactions has created unprecedented challenges for regulators, financial market authorities, corporate finance lawyers and professionals. Crypto-assets corporate finance transactions are essentially borderless, global and interconnected. Their borderless nature was the core inspiration of this work. This book, indeed, is an attempt to address to a comparative and functional analysis of crypto-assets corporate finance transactions. I believe it’s neutral, international, functional and short. It’s neutral because while it’s true that the variety of crypto-assets necessitates a case-by-case analysis, it’s unquestionable that some types and hybrid forms of crypto-assets fall within existing securities laws and regulations. Securities offerings, however, are highly regulated in most developed jurisdictions, while, by contrast, the rapid rise of these crypto-assets corporate finance transactions is very likely nothing else than a mere market response to overregulation. It has to be noted that: (i) regulations should be technologically neutral, and in order to become so, address the actors and not the products themselves; (ii) far too often (non-accredited, non-qualified, non-sophisticated) investors are denied the opportunity to invest in new and promising technologies and in new companies — all which undermine productive capital formation and economic growth; (iii) crypto finance transactions are part of a self-contained system and this unique context requires to carefully weigh competing goals – protecting investors (that can lead to a larger and healthier crypto finance environment) while promoting capital raising and economic liberty. This is why these crypto-assets should be treated as a new type of asset whose use – currently falling within existing regulations – should be governed by new and ad hoc regulations, above all in the securities field, in order not to disregard their unique operational and technological features. Existing securities rules and best practices are frequently nonsensical or even counterproductive in the context of many crypto finance transactions. Regulation is certainly necessary to allow crypto-assets and crypto- assets corporate finance transactions to achieve their potential, but the regulatory system should have an appropriate balance and a high degree of clarity. I believe, however, optimal regulatory structures will emerge and converge over time. The final part of the book, then, sketches some proposals for regulators – based on a weighted approach – that, if adopted, would enhance legal certainty and seek to balance support for innovation and investor protection. It’s international because it contains summary information on the securities law regimes in Australia, Brazil, Canada, China, EU / EAA (Austria, France, Germany, Ireland, Italy, Luxemburg, Netherlands, Norway, United Kingdom), Hong Kong, India, Israel, Japan, Nigeria, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Switzerland, United Arab Emirates, United States, including the principal prospectus exemptions and private placements rules in each jurisdiction. Securities offerings are highly regulated and significant civil and criminal penalties can be incurred as a result of offerings which are not authorized by the relevant authorities or compliant with the applicable securities regime. There are good reasons why similar measures have arisen in the wider corporate world over time – to ensure a sustainable ecosystem with resources directed at better quality projects, to ensure that bad actors are (to the extent possible) eliminated, and to ensure that legal and professional risks are mitigated by a better balance between the interests of all stakeholders. This is why crypto-assets corporate finance transactions falling within existing securities laws and regulations can’t be conducted assuming the law doesn’t exist – in the meantime specific regulations arise. Also, while the lack of widely accepted global standards has led to a great deal of regulatory arbitrage, as crypto-assets issuers shop for jurisdictions with the lightest touch (or no touch), I believe they should not attempt to flee from regulation. By contrast, they should talk with financial market authorities. It’s functional because with regard to crypto-assets with real intrinsic usage (non- speculative crypto-assets) this book discusses how a proactive self-regulation, ethical human behaviors, rigorous due diligence, improved governance, disclosure, investors protection and accountability measures could be applied to lead to better quality Initial Coin Offerings, a more sustainable fundraising environment for all the parties involved and mitigate risks due to regulatory uncertainty. At the same I propose (and encourage the adoption of) a Corporate Crypto Conduct Code for businesses in this space. It’s short because my project in writing this book is to give a quick framework for understanding the most important securities law regimes. This book is not intended to be an exhaustive guide to the regulation of crypto-assets corporate finance transaction globally or in any of the included jurisdictions. Instead, for each jurisdiction, I have endeavored to provide a sufficient overview for the reader to understand the current legal and regulatory environment. I hope that it remains short enough to attract the readers I would like to reach: (i) my colleagues in international business and corporate law and related legal fields (who can start from these frameworks to make a more detailed analysis of the securities laws in the core jurisdictions summarized in this book); (ii) regulators and lawmakers (with the hope they will find this book a helpful guide to develop new strategies, policies and regulations); (iii) crypto-assets issuers (with the hope they understand the importance of being compliant with the law – even if and when, on the spot, it seems economically irrational – and the reasons why the current measures have arisen in the wider corporate world over time).

Book Quick Guide Crypto Assets

Download or read book Quick Guide Crypto Assets written by Hannah Appel and published by Springer Nature. This book was released on 2023-03-28 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the complex topic of crypto securities is presented in a compact, understandable and practical manner. In addition to conveying the fundamentals and technical background of the crypto market, a classification in the various areas of supervisory law is made. The focus is on German law, although reference is also made to the European equivalence standards. In order to succeed in a correct classification into European financial market law, both the Liechtenstein law on tokens and VT service providers and the European proposal for a regulation on markets for crypto assets are discussed in detail and compared with the German supervisory regulations on crypto assets. The aim, in addition to creating a basic understanding of how crypto assets work, is to construct a comprehensive overall picture of their regulatory treatment in Germany and to include possible implications of a European push. The work thus provides guidance to individuals who, for example, wish to invest in cryptocurrencies or start a business related to cryptocurrencies.

Book Financial Services Law and Distributed Ledger Technology

Download or read book Financial Services Law and Distributed Ledger Technology written by Brendan McGurk and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book examines the extent to which existing UK financial service regulations can be applied to digital assets and decentralised financial services provided by distributed networks. Brendan McGurk and Stefan Reichenbach consider the wider legal issues beyond regulatory enforcement, attributable to the use of distributed ledger technology based financial services.

Book Token as Value Rights   Token Offerings and decentralized Trading Venues  Chinese simplified

Download or read book Token as Value Rights Token Offerings and decentralized Trading Venues Chinese simplified written by Josef Bergt and published by BoD – Books on Demand. This book was released on 2020-07-02 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was translated from German into Chinese (simplified) by means of artificial intelligence (machine translation). This academic paper deals with both civil (securities) law and regulatory (securities) law aspects. Thus, a summary of the property law is provided, which deals with the classification of tokens under Liechtenstein law. Furthermore, dematerialized securities, which have been known to the Liechtenstein legal system for almost 100 years, will be discussed. The civil and corporate law focus is on Liechtenstein, while the Swiss corporate law and the general civil law of Austrian law are also taken into account. The supervisory part of the work is clearly in the focus of Union law, but also takes into account national specialties of Liechtenstein, Austria and Germany in addition to European legal acts. Thus, tokens and token-based business models are also examined in the light of European legal acts such as MiFIR, MiFID II, CRR, CRD IV, CSDR, EMIR, AIFMD, UCITSD, E-Money Directive II, PSD II, MAD/MAR, Prospectus Regulation, 5th AML Directive and other regulations, directives, as well as implementing regulations and delegated regulations. A special focus is placed on crypto exchanges and decentralized trading places (DEX). In addition, a focus will be placed on consumer law in terms of tokens and distance selling contracts, taking into account the Consumer Rights Directives. In this context, tokens as data or software and thus as digital content and consequently merchandise are also dealt with in more detail and the parallels to tokens as tokens with intrinsic value or virtual currencies in contrast to fiat money are shown. Furthermore, the author aims at explaining deposit business, e-money transactions and financial instruments as communicating vessels in contrast to virtual currencies. Although this is primarily a legal work, technical aspects of Distributed Ledger Technologies, such as the blockchain, smart contracts, agoric computing, self-sovereign identity, etc. - as far as this is necessary for the legal assessment - are also explained in more detail. The present discussion is to be understood as scientific work with practical relevance for advice in connection with blockchain based business models.

Book Token as Value Rights   Token Offerings and decentralized Trading Venues  Japanese

Download or read book Token as Value Rights Token Offerings and decentralized Trading Venues Japanese written by Josef Bergt and published by BoD – Books on Demand. This book was released on 2020-07-02 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was translated from German into Japanese by means of artificial intelligence (machine translation). This academic paper deals with both civil (securities) law and regulatory (securities) law aspects. Thus, a summary of the property law is provided, which deals with the classification of tokens under Liechtenstein law. Furthermore, dematerialized securities, which have been known to the Liechtenstein legal system for almost 100 years, will be discussed. The civil and corporate law focus is on Liechtenstein, while the Swiss corporate law and the general civil law of Austrian law are also taken into account. The supervisory part of the work is clearly in the focus of Union law, but also takes into account national specialties of Liechtenstein, Austria and Germany in addition to European legal acts. Thus, tokens and token-based business models are also examined in the light of European legal acts such as MiFIR, MiFID II, CRR, CRD IV, CSDR, EMIR, AIFMD, UCITSD, E-Money Directive II, PSD II, MAD/MAR, Prospectus Regulation, 5th AML Directive and other regulations, directives, as well as implementing regulations and delegated regulations. A special focus is placed on crypto exchanges and decentralized trading places (DEX). In addition, a focus will be placed on consumer law in terms of tokens and distance selling contracts, taking into account the Consumer Rights Directives. In this context, tokens as data or software and thus as digital content and consequently merchandise are also dealt with in more detail and the parallels to tokens as tokens with intrinsic value or virtual currencies in contrast to fiat money are shown. Furthermore, the author aims at explaining deposit business, e-money transactions and financial instruments as communicating vessels in contrast to virtual currencies. Although this is primarily a legal work, technical aspects of Distributed Ledger Technologies, such as the blockchain, smart contracts, agoric computing, self-sovereign identity, etc. - as far as this is necessary for the legal assessment - are also explained in more detail. The present discussion is to be understood as scientific work with practical relevance for advice in connection with blockchain based business models.

Book Crypto Finance  Law and Regulation

Download or read book Crypto Finance Law and Regulation written by Joseph Lee and published by Routledge. This book was released on 2022-02-17 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crypto-Finance, Law and Regulation investigates whether crypto-finance will cause a paradigm shift in regulation from a centralised model to a model based on distributed consensus. This book explores the emergence of a decentralised and disintermediated crypto-market and investigates the way in which it can transform the financial markets. It examines three components of the financial market – technology, finance, and the law – and shows how their interrelationship dictates the structure of a crypto-market. It focuses on regulators’ enforcement policies and their jurisdiction over crypto-finance operators and participants. The book also discusses the latest developments in crypto-finance, and the advantages and disadvantages of crypto-currency as an alternative payment product. It also investigates how such a decentralised crypto-finance system can provide access to finance, promote a shared economy, and allow access to justice. By exploring the law, regulation and governance of crypto-finance from a national, regional and global viewpoint, the book provides a fascinating and comprehensive overview of this important topic and will appeal to students, scholars and practitioners interested in regulation, finance and the law.

Book The Law of Crypto Assets

    Book Details:
  • Author : Philipp Maume
  • Publisher :
  • Release : 2022
  • ISBN : 9783406792762
  • Pages : 0 pages

Download or read book The Law of Crypto Assets written by Philipp Maume and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: MAUME/MAAUTE, Crypto Assets We are currently witnessing a revolution in the financial markets. While Bitcoin has been around for some time, new blockchain-based 'tokens' have recently emerged, offering new ways of fundraising for businesses of all sizes. Initial Coin Offerings (ICOs) have become an alternative to the traditional investments for private and institutional investors. Market insiders and academics alike agree that these new 'crypto assets', commonly referred to as currency tokens, investment tokens and utility tokens, have the potential to change the shape of the financial market landscape significantly. Despite its innovative potential, the legal status of crypto assets is still uncertain. Are ICOs subject to prospectus disclosure requirements? How can anti-money laundering laws be applied to virtual currencies? Does selling tokens to private persons trigger the application of consumer protection laws? The private law of which country applies to international token transactions? Do token-related services require authorization by national regulators, and if so, the national regulators of which country? The Law of Crypto Assets' provides an in-depth examination of all issues emerging from the use of crypto assets in the European Union. It includes, inter alia, an introduction to the technology and economics of crypto assets, as well as twelve chapters on the relevant EU laws, such as consumer protection, private international law, securities and banking regulation, taxation and data protection. The book also provides country reports for important crypto markets, for example the US, Singapore, Germany, France and Australia.

Book Token as value rights   Token offerings and decentralized trading venues

Download or read book Token as value rights Token offerings and decentralized trading venues written by Josef Bergt and published by BoD – Books on Demand. This book was released on 2020-06-25 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was translated from German into English by means of artificial intelligence (machine translation). This academic paper deals with both civil (securities) law and regulatory (securities) law aspects. Thus, a summary of the property law is provided, which deals with the classification of tokens under Liechtenstein law. Furthermore, dematerialized securities, which have been known to the Liechtenstein legal system for almost 100 years, will be dis-cussed. The civil and corporate law focus is on Liechtenstein, while the Swiss corporate law and the general civil law of Austrian law are also taken into account. The supervisory part of the work is clearly in the focus of Union law, but also takes into account national specialties of Liechtenstein, Austria and Germany in addition to European legal acts. Thus, tokens and token-based business models are also examined in the light of European legal acts such as MiFIR, MiFID II, CRR, CRD IV, CSDR, EMIR, AIFMD, UCITSD, E-Money Directive II, PSD II, MAD/MAR, Prospectus Regulation, 5th AML Directive and other regulations, directives, as well as implementing regulations and delegated regulations. A special focus is placed on crypto exchanges and decentralized trading places (DEX). In addition, a focus will be placed on consumer law in terms of tokens and distance selling contracts, taking into account the Consumer Rights Directives. In this context, tokens as data or software and thus as digital content and consequently merchandise are also dealt with in more detail and the parallels to tokens as tokens with intrinsic value or virtual currencies in contrast to fiat money are shown. Furthermore, the author aims at explaining deposit business, e-money transactions and financial instruments as communicating vessels in contrast to virtual currencies. Although this is primarily a legal work, technical aspects of Distributed Ledger Technologies, such as the blockchain, smart contracts, agoric computing, self-sovereign identity, etc. - as far as this is necessary for the legal assessment - are also explained in more detail. The present discussion is to be understood as scientific work with practical relevance for advice in connection with blockchain based business models.

Book Cryptoassets

    Book Details:
  • Author : Chris Brummer
  • Publisher : Oxford University Press, USA
  • Release : 2019
  • ISBN : 019007731X
  • Pages : 457 pages

Download or read book Cryptoassets written by Chris Brummer and published by Oxford University Press, USA. This book was released on 2019 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.

Book ICO Utility Tokens and the Relevance of Securities Law

Download or read book ICO Utility Tokens and the Relevance of Securities Law written by Syren Johnstone and published by . This book was released on 2018 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abraham Lincoln famously posited that if one calls a tail a leg it doesn't mean that a dog has five legs. Similarly, a blockchain-based token offered in an initial coin offering (ICO) may, irrespective of how it is called, be a security subject to securities laws applicable to the primary market as well as secondary market activities. ICOs are an example of how new technology is changing the way the public capital market is accessed by businesses, typically start-ups, in need of capital. However, Lincoln was wrong semantically. If a tail is called a leg then it can be said that a dog has five legs. And if utility token issuances put public capital at risk, expose consumers to fraud, and behaves similarly to an investment in established classes of securities, then perhaps that is enough to render it a security within the original intent of the legislature. On the other hand, calling a security a utility token does not change its nature.

Book Digital Finance in Europe  Law  Regulation  and Governance

Download or read book Digital Finance in Europe Law Regulation and Governance written by Emilios Avgouleas and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-12-20 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global finance is in the middle of a radical transformation fueled by innovative financial technologies. The coronavirus pandemic has accelerated the digitization of retail financial services in Europe. Institutional interest and digital asset markets are also growing blurring the boundaries between the token economy and traditional finance. Blockchain, AI, quantum computing and decentralised finance (DeFI) are setting the stage for a global battle of business models and philosophies. The post-Brexit EU cannot afford to ignore the promise of digital finance. But the Union is struggling to keep pace with global innovation hubs, particularly when it comes to experimenting with new digital forms of capital raising. Calibrating the EU digital finance strategy is a balancing act that requires a deep understanding of the factors driving the transformation, be they legal, cultural, political or economic, as well as their many implications. The same FinTech inventions that use AI, machine learning and big data to facilitate access to credit may also establish invisible barriers that further social, racial and religious exclusion. The way digital finance actors source, use, and record information presents countless consumer protection concerns. The EU’s strategic response has been years in the making and, finally, in September 2020 the Commission released a Digital Finance Package. This special issue collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions adopt a critical yet constructive and solutions-oriented approach. They aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law.

Book Legalize Blockchain

Download or read book Legalize Blockchain written by Thomas G. Dünser and published by BoD – Books on Demand. This book was released on 2021-04-29 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decades, digitalization has been enormously pushing innovation with a stunning impact on economy and society. In this book, the author illustrates that blockchain is one strong driver of the future digital economy, enabling a higher level of efficiency, trust, and legal security. As regulation can decide how a jurisdiction can participate in this development, the author discusses the current and future regulatory challenges and explains, why applying financial market laws for all Token Economy is not appropriate and would hinder its development. Consequently, he argues for a new regulatory fundament for Token Economy - as the Principality of Liechtenstein has introduced in 2020 - and explains the political regulatory decisions of the so-called »Blockchain-Act«. The author pleads also in favour of establishing a new regulatory framework for Token Financial Markets and drafts its cornerstones. In addition to that, he describes the need for an innovation process for the legal framework and emphasizes the importance of the innovation culture of governments and authorities to keep pace with the technological developments and ensure future prosperity.

Book Blockchain  Law and Governance

    Book Details:
  • Author : Benedetta Cappiello
  • Publisher : Springer Nature
  • Release : 2020-10-21
  • ISBN : 3030527220
  • Pages : 303 pages

Download or read book Blockchain Law and Governance written by Benedetta Cappiello and published by Springer Nature. This book was released on 2020-10-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about.

Book Regulation of Initial Coin Offerings

Download or read book Regulation of Initial Coin Offerings written by Philipp Maume and published by . This book was released on 2019 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Initial Coin Offerings (ICOs) are currently the hottest topic in the financial markets. They typically use blockchain technology to offer so-called 'tokens' that can confer various rights. Experts estimate that the amount of money raised via ICOs will reach US$ 20 billion by the end of 2018. Commentators have described the ICO bonanza as a new gold rush. Nevertheless, the legal framework for ICOs remains unclear because traditional securities regulation is designed for classical securities that are traded on a stock exchange. In late 2017, the US Securities and Exchange Commission released two statements that highlighted that tokens may be subject to US securities regulation if they meet the requirements for 'investment contract' as laid out in the Howey test. However, regulators in Asia and Europe remain quite vague on the issue. In this article we analyze the legal framework for ICOs in the European Union. It is our view that investment tokens (including hybrid tokens with some investment functions) are 'transferable securities' under Directive 2014/65/EU on Markets in Financial Instruments. Despite resting on a highly dissimilar definition, the financial markets law of the European Union, if applied correctly, applies to token classifications - this is comparable with the US Securities and Exchange Commission's approach. The result would be a similar framework in two of the most vibrant regions for ICOs. It would be a first step towards a harmonized application of securities laws to ICOs, avoiding regulatory patchwork and a possible 'race to the bottom'

Book Tokens of Exchange

Download or read book Tokens of Exchange written by Lydia H. Liu and published by Duke University Press. This book was released on 2000-01-19 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of translation has become increasingly central to critical reflections on modernity and its universalizing processes. Approaching translation as a symbolic and material exchange among peoples and civilizations—and not as a purely linguistic or literary matter, the essays in Tokens of Exchange focus on China and its interactions with the West to historicize an economy of translation. Rejecting the familiar regional approach to non-Western societies, contributors contend that “national histories” and “world history” must be read with absolute attention to the types of epistemological translatability that have been constructed among the various languages and cultures in modern times. By studying the production and circulation of meaning as value in areas including history, religion, language, law, visual art, music, and pedagogy, essays consider exchanges between Jesuit and Protestant missionaries and the Chinese between the seventeenth and nineteenth centuries and focus on the interchanges occasioned by the spread of capitalism and imperialism. Concentrating on ideological reciprocity and nonreciprocity in science, medicine, and cultural pathologies, contributors also posit that such exchanges often lead to racialized and essentialized ideas about culture, sexuality, and nation. The collection turns to the role of language itself as a site of the universalization of knowledge in its contemplation of such processes as the invention of Basic English and the global teaching of the English language. By focusing on the moments wherein meaning-value is exchanged in the translation from one language to another, the essays highlight the circulation of the global in the local as they address the role played by historical translation in the universalizing processes of modernity and globalization. The collection will engage students and scholars of global cultural processes, Chinese studies, world history, literary studies, history of science, and anthropology, as well as cultural and postcolonial studies. Contributors. Jianhua Chen, Nancy Chen, Alexis Dudden Eastwood, Roger Hart, Larissa Heinrich, James Hevia, Andrew F. Jones, Wan Shun Eva Lam, Lydia H. Liu, Deborah T. L. Sang, Haun Saussy, Q. S. Tong, Qiong Zhang