News
The imputability of Initial Coing Offerings (ICOs) to the public offering of financial products
Under Italian laws, the legal classification of tokens must be carried out on a case-by-case basis, having regard to the nature of the rights embedded in the token. The latter, by applying the principle of technological neutrality of the regulation and the relevant prerequisites, could alternatively be qualified as “securities”,…
The requirements of the public offer of financial products in order to qualify an ICO
Under Italian laws, tokens should be qualified on a case-by-case approach, that it is having regard to the nature of the rights embedded in the token. As outlined in a previous contribution, applying the principle of technological neutrality of regulation, tokens could be qualified as “financial products”. If the token…
What are the main legal issues that an ICO founder must to consider before launching a ICO from a EU law perspective?
First of all, a person who wants to launch a token sale should consider: where to incorporate; when to incorporate; in which jurisdictions the tokens will be promoted and/or sold; whether the tokens may qualify as “financial product” either (a) pursuant to the law of the place of incorporation, and…