A Regulatory Classification of Digital Assets PDF Download
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Author: M. Todd Henderson
Publisher:
ISBN:
Category :
Languages : en
Pages : 51
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Book Description
Digital assets are hot right now. Whether cryptocurrencies, like bitcoin, or initial coin offerings and tokens, this new asset class has captured the imagination of American investors. While it remains to be seen if this phenomenon has staying power, there is no doubt that these assets and their promoters have attracted the attention of the Securities and Exchange Commission. But neither Congress nor the SEC has formally elucidated which digital assets are securities and which are not.This Article seeks to provide clarity in determining which digital assets are securities. It proposes two tests that operationalize the Supreme Court's test in SEC v. W. J. Howey Co. The first test is the Bahamas Test, which asks whether a digital asset is sufficiently decentralized such that it is not a security. The second test is the Substantial Steps Test which is used to determine whether an investment is made with an expectation of profit. This Article takes a rules-based approach to provide clarity and begin a conversation about crafting more predictable jurisprudence and regulation in this area.
Author: M. Todd Henderson
Publisher:
ISBN:
Category :
Languages : en
Pages : 51
Get Book Here
Book Description
Digital assets are hot right now. Whether cryptocurrencies, like bitcoin, or initial coin offerings and tokens, this new asset class has captured the imagination of American investors. While it remains to be seen if this phenomenon has staying power, there is no doubt that these assets and their promoters have attracted the attention of the Securities and Exchange Commission. But neither Congress nor the SEC has formally elucidated which digital assets are securities and which are not.This Article seeks to provide clarity in determining which digital assets are securities. It proposes two tests that operationalize the Supreme Court's test in SEC v. W. J. Howey Co. The first test is the Bahamas Test, which asks whether a digital asset is sufficiently decentralized such that it is not a security. The second test is the Substantial Steps Test which is used to determine whether an investment is made with an expectation of profit. This Article takes a rules-based approach to provide clarity and begin a conversation about crafting more predictable jurisprudence and regulation in this area.
Author: Jason G Allen
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The report examines legal and regulatory challenges arising from the emergence of digital assets. The aim is to frame future legal and regulatory discussions around digital assets, as well as to identify general trends and concepts across jurisdictions rather than to provide granular analysis of any given jurisdiction's legal position.Key highlights:- Existing taxonomies of digital assets developed by national and international authorities have failed to fully capture the relevant features of digital assets and the true novelty introduced by crypto assets. Regulatory authorities should focus on the substance of the underlying asset and the rights associated with it, rather than its form, unless the form changes the substantive nature of the asset.- Digital assets, for the most part, pertain to existing and well-known legal concepts: they effectively represent a set of rights embodied in a new digital form. Consequently, the regulatory perimeter for regulating digital assets and associated activities should be determined by identifying the legal concept(s) behind a given digital asset.- However, digital assets may warrant adjustment or revisions to existing legislation, in particular whether digital assets are fitting objects of property rights. Generally, further clarification may be needed from national legislatures on the legal recognition of purely digital objects to understand whether (and how) dealing with a digital token has legal consequences for real world rights. In particular whether intangible, digital representation can be recognized as an object of property rights.
Author: Edward J. Swan
Publisher: Kluwer Law International B.V.
ISBN: 9403543868
Category : Law
Languages : en
Pages : 488
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Book Description
Digital assets are increasingly becoming subject to national and international regulatory scrutiny. This timely book provides an overview of how, as digital asset markets expand, governments in a wide range of jurisdictions are responding to them. In addition to chapters on specific urgent challenges of regulating cybercurrency activity, there are separate chapters detailing regulatory developments and trends in each of eight major jurisdictions—the United States, the European Union, the United Kingdom, China, India, Japan, South Korea, and Singapore—as well as a chapter on crypto regulation in a selection of other countries. The book thoroughly covers the impact of digital assets business-connected technologies on such important policy areas as the following: consumer protection; data privacy and security; financial stability and systemic risk; crime; national security; human rights; financial inclusion and equity; and energy demand and climate change. For each of these areas and more, steps taken to regulate the marketing of digital assets both generally and in each of the covered jurisdictions are extensively described, with information on applicable legal forums and remedies. Because the rapid evolution and volatility of the crypto markets have left regulators struggling to keep pace, this deeply researched and informed survey of current and trending regulatory measures taken worldwide will prove of inestimable value to practitioners and regulators handling any aspect of digital asset business and will remain of great worth for the foreseeable future.
Author: United States. Congress. House. Committee on Financial Services. Subcommittee on Digital Assets, Financial Technology, and Inclusion
Publisher:
ISBN:
Category : Consumer protection
Languages : en
Pages : 0
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Book Description
Author: Filippo Zatti
Publisher: Taylor & Francis
ISBN: 1003853323
Category : Business & Economics
Languages : en
Pages : 265
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Book Description
This book delves into the intricacies of digital assets. With the increasing reliance on crypto and the potential adoption of digital currencies by central banks, our monetary system is at a critical point. The importance of taking the next step has become even more stringent, as evidenced by this systematic scientific reconstruction. Divided into five concentric parts, the book starts with a historical, technical and financial introduction to digital assets. It then explores the changing role of central banking and monetary economics in the upcoming era. Finally, it focuses on the broad legal issues arising from the new digital landscape, not shying away from exploring forward-thinking solutions and policies for the future. With the contributions of prominent international experts in the field, this collection supplies a transdisciplinary analysis based on the belief that complex phenomena can only be handled by complex solutions. This groundbreaking work aims to be more than just an academic treatise; it is a must-read for students, scholars, financial professionals, and all those who want to understand the emerging digital currency reality that many have yet to fully recognise.
Author: Charles Kerrigan
Publisher:
ISBN: 9780414115118
Category :
Languages : en
Pages : 0
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Book Description
Author: Jason Scharfman
Publisher: Springer Nature
ISBN: 3030880001
Category : Business & Economics
Languages : en
Pages : 251
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Book Description
Cryptocurrencies and digital assets are increasingly garnering interest from institutional investors. This is on top of the already strong support in place for cryptocurrencies such as Bitcoin from the retail investor. With this rapid growth has come a series of complex operational and regulatory compliance challenges. These challenges have become further exacerbated by the increasing pace of technological advances in areas such as decentralized finance (DeFi) tokenization, blockchain and distributed ledger technology (DLT) essential to the crypto and digital asset markets. This book will be the first book to provide current and practical guidance on the operational and compliance foundations of crypto investing and asset management. The book will include: · Step-by-step analysis of the modern operational mechanics behind cryptocurrency investment operations · Detailed guidance and example documentation on the procedures launching a crypto fund · Explanation of the operational procedures and compliance requirements for crytpo asset managers · Detailed analysis of crypto anti-money laundering compliance, regulations and laws for cryptocurrencies · Up-to-date analysis of recent crypto case studies, frauds and regulatory enforcement actions · Review of the digital asset landscape including non-fungible tokens (NFTs) and asset tokenization · Current examples of real-world crypto operations policies and compliance manuals · Analysis of the emerging trends in crypto operations and compliance in areas including blockchain, DeFi, crypto lending, yield farming, crypto mining and dApps Cryptocurrency Compliance and Operations will be an invaluable up-to-date resource for investors, fund managers, and their operations and compliance personnel as well as service providers on the implementation and management of best practice operations.
Author: Robert Bansimer
Publisher: GRIN Verlag
ISBN: 3346797872
Category : Business & Economics
Languages : en
Pages : 34
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Book Description
Seminar paper from the year 2021 in the subject Business economics - Business Management, Corporate Governance, grade: 1,0, University of Bayreuth, language: English, abstract: This seminar paper examines and defines digital assets and builds a taxonomy that categorizes these assets. Therefore, it also explains, besides digital assets, belonging terms such as blockchain and tokenization. Through all the characteristics that arise, it can classify the objects within dimensions by using the Nickerson method. It describes in detail all required steps that are needed in seven iterations. To present the result more clearly, a cluster analysis is performed. The final taxonomy grants users’ access to reliable and meaningful data, to categorize digital assets themselves, or to gather desired information. In addition, the paper compares the taxonomy with another one to show possible strengths and defects.
Author: Niklas Schmidt
Publisher: Kluwer Law International B.V.
ISBN: 9403523514
Category : Law
Languages : en
Pages : 677
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Book Description
The emergence of crypto assets has required taxation authorities worldwide to develop unprecedented policies and compelled tax lawyers to apply existing laws in new ways. This book – the only one to focus solely on the taxation of crypto assets – provides a detailed country-by-country analysis of how the tax law of thirty-nine countries may apply to this rapidly developing area, including different use cases and compliance and documentation requirements. Following an overview of the technology and key characteristics of crypto assets, as well as the key tax concepts and types of taxes that could apply to them, leading practitioners in each particular jurisdiction summarize the relevant tax law in that country. Fully explained are such aspects of crypto assets as the following and how they are interrelated: sales; exchanges; receipt as remuneration; forks; airdrops; mining; staking; initial coin offerings; security token offerings; and initial exchange offerings. Contributors describe how each jurisdiction applies income and capital gains taxation, value-added tax and sales tax, withholding taxes, transfer taxes, and gift, inheritance, estate and wealth taxes in the context of crypto assets. Reporting requirements and enforcement are also covered. Tax law, as it applies to crypto assets, is new and continues to evolve. This book will be welcomed as the premier resource for tax practitioners, government officials, advisors, investors, issuers, users of crypto assets, and taxation academics who are seeking informed awareness of the policy choices countries make in dealing with the taxation of this new technology. Tax lawyers dealing with crypto assets will have comprehensive practical guidance on how to comply with the tax laws of multiple jurisdictions.
Author: Hannah Appel
Publisher: Springer Gabler
ISBN: 9783658404611
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
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.
