{"id":516,"date":"2019-05-05T11:15:39","date_gmt":"2019-05-05T09:15:39","guid":{"rendered":"https:\/\/advokatskafirmasajic.com\/blog\/?p=516"},"modified":"2019-10-05T11:17:57","modified_gmt":"2019-10-05T09:17:57","slug":"cruptocurrency-ico-and-legal-dilemmas","status":"publish","type":"post","link":"https:\/\/advokatskafirmasajic.com\/blog\/cruptocurrency-ico-and-legal-dilemmas\/","title":{"rendered":"Cruptocurrency, ICO and legal dilemmas"},"content":{"rendered":"\n<p>There are still intensive polemics related to cryptocurrency\nphenomenon. In fact, the same gets new a dimension over time, since new\nquestions about their functioning are being raised on daily basis.&nbsp;However,&nbsp;even&nbsp;though this&nbsp;topic&nbsp;is old&nbsp;news for some&nbsp;people, for&nbsp;most, it is&nbsp;still&nbsp;a rather unexplored area, both for\nordinary&nbsp;people&nbsp;as well as for regulatory bodies and&nbsp;public&nbsp;authorities, especially\nwith&nbsp;regard&nbsp;to its&nbsp;legal&nbsp;regulation.<\/p>\n\n\n\n<p>Being aware of the importance of this topic, in the previous text, we\nhave mentioned that we will further explore it but highlighted some basic\ninformation necessary for understanding of this phenomenon. The one should have\nin mind that cryptocurrency cannot be viewed as a separate issue, but as part\nof a puzzle involving new technologies, primarily blockchain technology and\nassociated Initial Coin Offering (ICO), then smart contracts, along with other related\nissues and terminology, which somehow flooded the internet community.<\/p>\n\n\n\n<p>There are still different, but inconsistent views, on this issue so in\nthe close future it should be expected that the state and other regulatory\nbodies will begin to take a clear view on numerous issues related to the blockchain\ntechnology and ICO. This is relatively significant due to the fact that it will\nnot only have an impact on the close community, involved in the development of\nthese technologies, but also on financial transactions, data protection,\npopulation and work of various institutions. New opportunities were created due\nto the use of new technologies, which further opened the door to alternative\nways of business operations. Many financial institutions are faced with a dilemma,\nwhich position to take in relation to this new phenomenon. On the one hand,\nthey are supporters of the same, while on the other hand they are harsh\nopponents of everything that has to do with blockchain, Bitcoin and ICO in\ngeneral, and are against their introduction into regular business operations.<\/p>\n\n\n\n<p>If we pay a close attention to the ICO&#8217;s definition which reads &#8211; an\nunregulated method of fundraising to secure a new project by offering of a&nbsp;<a href=\"https:\/\/www.merriam-webster.com\/dictionary\/cryptocurrency\">cryptocurrency<\/a>&nbsp;to the\npublic, it is then clear that the problem actually\nexists in the fact the same is not regulated. The ICO has become the latest trend\nin fundraising especially for new projects since there are obvious advantages of\nsmart contracts such as security and the inability to modify their content,\ntransparency, then no chance for money laundering (which is often emphasized as\none of the main advantages or disadvantages, depending on the position), the\ninability to forge cryptocurrency, but it still opens the door to numerous\nquestions. For example, the Croatian National Bank has warned about many risks\narising from such products, noting that cryptocurrency is not electronic money\nin accordance with the definition of the Law on Electronic Money, neither it is\na service under the Payment Transactions Law, so the business entities dealing\nwith the same are not licensed and they are not under the supervision of the\nCroatian National Bank.<\/p>\n\n\n\n<p>Different countries in the world have a different approach to this\nphenomenon. Countries such as Australia, Japan and Canada consider cryptocurrency\nas legal, in fact they already have cryptocurrency\nexchange regulations.<\/p>\n\n\n\n<p>In Switzerland, cryptocurrencies and exchanges\nare legal, and the country has adopted a remarkably progressive stance towards\ncryptocurrency regulations. The&nbsp;<a href=\"https:\/\/www.estv.admin.ch\/estv\/en\/home.html\">Swiss Federal Tax Administration<\/a>&nbsp;(SFTA) considers cryptocurrencies as an\nasset since it is subject to the Swiss wealth tax and must be declared on\nannual tax returns. The\nSwiss Financial Market Supervisory Authority (FINMA) has published a set of\nguidelines on the existing financial legislation for a range of areas &#8211; from\nbanking to securities trading and investment plans (depending on the\nstructure).<\/p>\n\n\n\n<p>The EU Parliament has not adopted a special law\non cryptocurrencies, and crypto-exchange regulations vary from\nstate to state. What is particularly interesting is that the tax on\ncryptocurrency does also vary, but many Member States charge a capital gains\ntax on crypto-gain profits &#8211; at rates of 0-50%. Therefore, if there is a tax there\nis room for regulations, which is certainly a significant shift forward. The\nCourt of Justice of the European Union in 2015 decided that the exchange of the\ntraditional currency for the cryptocurrency should be exempted from VAT, which\nis a rather firm step forward when it comes to regulation of certain issues. <\/p>\n\n\n\n<p>In certain Member States, the exchange of cryptocurrency\nwill have to be recorded\/registered with appropriate regulators, such as the\nGerman Financial Supervision Agency (BaFin), the French Autorit\u00e9 des March\u00e9s\nFinanciers (AMF) or the Italian Ministry of Finance. &nbsp;In April 2018, the EU agreed on the text of\nthe Fifth Money Laundering Directive (5MLD) for cryptocurrency exchanges in\naccordance with the EU legislation on the prevention of money laundering. This\nimplies that cryptocurrency exchanges will have to meet the KYC standards (Know-your-customer)\nwhich will have to be respected by financial organizations with the purpose of\npreventing money laundering and terrorist financing as well as in order to\nsatisfy standard reporting requirements. <\/p>\n\n\n\n<p>While advocates of new technologies advocate it for the sake of reliability but also to avoid possibilities of money laundering, there is a certain paradox, as most regulatory bodies, in the field of finance, require compliance with certain established procedures for carrying out transactions and obtaining information about those who requested the transaction as well as about end-users. However, ICO, smart contracts, and cryptocurrency do not imply such classic checking procedures neither submission of data in a way known or acceptable to regulatory bodies, although bitcoin&#8217;s block-chain can be considered the safest database in the world. However, there is a dilemma how to reconcile the current, i.e. traditional legal framework related to transactions and transfer of rights with new technologies and capabilities. We are aware of the fact that the practical side of life takes precedence over formal rules for transactions (of any kind), which is witnessed by mobile banking, various applications, etc., which in general is yet not regulated by our state legislation. Therefore, considering the legal aspect of cryptocurrency and smart contracts the same seems very far away from us. However, it does not need to be strictly believed. On January 9, 2018, the Central Bank of Bosnia and Herzegovina announced that the convertible mark is the only legal instrument of payment in the country, and it is not possible to exchange it for bitcoins or other cryptocurrencies. At the same time, the Bank stated that there are no plans to limit or prevent the purchase and trading of virtual currencies. It is not neglect able for the beginning, is it? <\/p>\n\n\n\n<p>Author: Tijana Milacic<\/p>\n\n\n\n<p>E-mail: mtijana@afsajic.com<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>There are still intensive polemics related to cryptocurrency phenomenon. In fact, the same gets new a dimension over time, since new questions about their&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[89],"tags":[],"_links":{"self":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/516"}],"collection":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/comments?post=516"}],"version-history":[{"count":1,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/516\/revisions"}],"predecessor-version":[{"id":517,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/516\/revisions\/517"}],"wp:attachment":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/media?parent=516"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/categories?post=516"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/tags?post=516"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}