Considerations on the Construction of Future Financial Regulations in the Field of Initial Coin Offering

Abstract

Legal issues of ICOs are significant in the contemporary financial world because this method of capital formation is becoming widespread. In spite of the significance of ICOs, there are no financial regulations in this field in the most important legal systems. Therefore, research concerning future legal provisions in the area of ICOs is needed. This paper concerns issues related to the scope and structure of future financial regulations applicable to ICOs. The author focuses on principles on which legal provisions in the field of ICOs should be based. National, European and international matters are discussed separately in this work. Matters regarding a future international organisation competent in issues of crypto-assets are elaborated. Furthermore, the author proposes to create a model convention on cryptocurrencies and bilateral agreements on the exchange of information in crypto-asset matters. Disclosure obligations, anti-manipulation provisions and anti-money laundering principles are also set out. Moreover, the author discusses issues regarding audit requirements, special methods of registration and innovative payment rules for crypto-asset purposes. Finally, recommendations concerning ICOs are made separately for national, European and international purposes. The author believes that the conclusions in this paper can be useful not only for legislators but also for international actors, European institutions and legal researchers.

How 'digital' is the new Serbian Law on Digital Assets?

“…According to the Law on Digital Assets, digital asset is a property on which a particular person has a title on property, but the property is digitally registered (in a digital database, which can be DLT or any other technology that can serve this purpose), has a specific value, can be digitally bought, sold, exchanged, or transferred, for the purpose of barter or investment. 12 The law divides it into two types of digital assets: virtual currency and digital token.…”