A Legal view on circulation of Cryptocurrency around the world — Law Insider

Tokens involve that platforms like Ethereum exist and function. Token examples include augur, omisego and golem. Such tokens are based on the Ethereum, and there are many other tokens based on other systems, and on that they exist.

For example, tokens are used in Ethereum blockchain. Creating a token is a simple process, but this requires a standard template on the blockchain like Ethereum and Neo Platform that allows an individual to create their own token.

Using smart contracts, this feature of generating an individual token is made possible. Tokens are generally produced and distributed to the market via initial coin offerings that are a crowd funding format.

Software experts write legal advice on utility tokens to be offered to blockchain technology firms at international cryptocurrency exchanges.

The issuing and selling of the token can fall under legal regulations, but it depends on the token’s features. A security token falling under securities law is the best example, but a utility token does not come under legal control. Security token provides the promise of income or return on investment to an person which is somewhat different from utility token.

A utility token is a token type of transaction that has some kind of usage within the ecosystem that allows access to goods and services purchased. A utility token is not regulated by safety law and is controlled and they’re free to be traded by virtually all.

The utility token has the value much higher. A protection token is supervised and tracked, meaning anonymity is decreased when a person narrows his or her audience. Exchanges are emerging which enable and facilitate the trade of security tokens.

A cryptocurrency is a kind of digital money which means it emerges only electronically. The cryptocurrencies were designed to be completely anonymous as well as secure in most cases. A person cannot trace the money trail of the crypto-currency like he can with dollars and pounds.

Cryptocurrency is an electronic currency using the Cryptography system. Cryptography is the practice of generating and cracking codes. It needs a central bank to oversee it. This works independently of central bank. It only exists in machines, and can be transferred back and forth by a person.

Often known as Digital Currency Exchange (DCE) is a crypto-currency exchange. A person can buy or sell cryptocurrencies, using cryptocurrency exchange. A person can also trade them using electronic monetary units, flat, currencies or other digital assets with the help of it. A cryptocurrency exchange operates 24X7 because no one knows who the buyers and sellers are in the trade of cryptocurrencies.

A legal opinion is a formal letter from an attorney confirming a person or an entity’s legal status. The circumstances forming a legal opinion include checking the corporation’s legitimacy and stating whether the judge will decide on a specific legal matter. A court decision is a mechanism that enables parties to receive a competent third party opinion on the matter and other issues.

The key purpose of any token sale is to list a token distributed on a cryptocurrency exchange so as to establish liquidity.

Therefore, a requirement is made to draft a legal opinion on the substance of the token which analyzes the token’s definition and features. A legal opinion is enacted so that the classification of a token as security should be confirmed.

Cryptocurrency trading requires some form of legal opinion on security or non-security, so as not to be subject to the laws that apply to a classic trading that trades in securities.

There is a significant fact that should be remembered for a cryptocurrency exchange when gathering legal opinion. A legal opinion is drawn up by a professional informed about the specific field of law. Yet the rule of a foreign state for which the lawmaker is not acquainted should not be provided for.

Qualitative legal opinion for a crypto-currency exchanges plays an important role which should be distinguished by strict wording, circumstances provided with clarity, validity in current legislation, and the presence of transparent and understandable conclusion.

Unless the inquiry considers the conduct of the consumer unlawful, the result will never turn out to be positive. The lawyer will not risk his reputation and offer an opinion on the activity’s legality if the activity is deemed illegal after the investigation.

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Today there are law firms that focus their practice exclusively on the fintech, intellectual property and securities law aspects of cryptocurrencies.

Their lawyer advise Initial Coin offering, Security Token, Initial Exchanges Offering, Exchanges Investment Deals, Off-Exchange Trading and cryptocurrency related matters. Up to undertaking a comprehensive internal analysis audit for client’s project and reviewing existing case law, they deal with the laws and legal concerns surrounding cryptocurrencies and blockchain technology and draft legal opinions for clients.

REFERENCES:

  1. https://iopscience.iop.org/article/10.1088/1755-1315/272/3/032166/meta Bolotaeva, O. S., Stepanova, A. A., & Alekseeva, S. S. (2019, June). The legal nature of cryptocurrency. In IOP Conference Series: Earth and Environmental Science (Vol. 272, №3, p. 032166). IOP Publishing.
  2. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3458591 Østbye, P. (2019). Who is Liable if a Cryptocurrency Protocol Fails?. Available at SSRN 3423681.
  3. https://link.springer.com/chapter/10.1007/978-3-030-39319-9_80 Emelianova, N. N., & Dementyev, A. A. (2020, March). Cryptocurrency, Taxation and International Law: Contemporary Aspects. In 13th International Scientific and Practical Conference-Artificial Intelligence Anthropogenic nature Vs. Social Origin (pp. 725–731). Springer, Cham.
  4. http://dspace.hnpu.edu.ua/handle/123456789/2930 Panova, О. О., Leheza, Y. О., Ivanytsia, A. V., Marchenko, V. V., & Oliukha, V. G. (2019). International Models of Legal Regulation and Ethics of Cryptocurrency Use: Country Review.
  5. http://baltijapublishing.lv/index.php/issue/article/view/289 Drozd, O., Lazur, Y., & Serbin, R. (2017). Theoretical and legal perspective on certain types of legal liability in cryptocurrency relations. Baltic Journal of Economic Studies, 3(5), 221–228.

Originally published at https://www.lawinsider.in on January 3, 2021.