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| framework for investment contract analysis of digital assets: Tcherepnin V. Knight , 1966 |
| framework for investment contract analysis of digital assets: Cryptocurrency Regulation Jerry W. Markham, 2023-09-06 This incisive and thought-provoking book examines the regulation of cryptocurrency trading by state and federal financial services regulators, in order to understand why these statutes proved to be ineffective in regulating this new asset class. Furthermore, it analyzes and evaluates pending proposals in Congress for more effective cryptocurrency regulation. |
| framework for investment contract analysis of digital assets: Cryptoassets: The Guide to Bitcoin, Blockchain, and Cryptocurrency for Investment Professionals Matt Hougan, David Lawant, 2021-01-07 Bitcoin, blockchain, and cryptocurrencies burst onto the world stage in 2008, when the online posting of a pseudonymous white paper provided a vision of a new way to transfer value over the internet. In the decade-plus since, the cryptoasset market has gone through all the classic phases of a disruptive technology: massive bull markets and crushing pullbacks, periods of euphoria and moments of despair, FOMO (fear of missing out), fear, and everything in between. As the cryptomarket enters its second decade, one thing is clear: Crypto is not going away. Cryptoasset markets are rallying toward new all-time highs, and many of the world’s largest investors and financial institutions are getting involved. Investors looking into crypto, however, face significant challenges. The quality of information is poor. Theories about the drivers of cryptoasset valuations are untested and often poorly designed, and they are rarely—if ever—published in peer-reviewed journals. Due diligence efforts from leading consultants are in their infancy, and few people have carefully thought through the role (if any) that cryptoassets should have in a professionally managed portfolio. More fundamentally, few people even understand what crypto really is or why it might matter. Is it an alternative currency? A technology? A venture capital investment? A specious bubble? The goal of this document is to provide the inquisitive investor with a clear-eyed guide to crypto and blockchain: what they are, what they are not, and where they might go from here. |
| framework for investment contract analysis of digital assets: Blockchain and Crypto Currency Makoto Yano, Chris Dai, Kenichi Masuda, Yoshio Kishimoto, 2020-04-15 This open access book contributes to the creation of a cyber ecosystem supported by blockchain technology in which technology and people can coexist in harmony. Blockchains have shown that trusted records, or ledgers, of permanent data can be stored on the Internet in a decentralized manner. The decentralization of the recording process is expected to significantly economize the cost of transactions. Creating a ledger on data, a blockchain makes it possible to designate the owner of each piece of data, to trade data pieces, and to market them. This book examines the formation of markets for various types of data from the theory of market quality proposed and developed by M. Yano. Blockchains are expected to give data itself the status of a new production factor. Bringing ownership of data to the hands of data producers, blockchains can reduce the possibility of information leakage, enhance the sharing and use of IoT data, and prevent data monopoly and misuse. The industry will have a bright future as soon as better technology is developed and when a healthy infrastructure is created to support the blockchain market. |
| framework for investment contract analysis of digital assets: Lawyer's Desk Book, 2nd Edition Shilling, 2018-09-18 Lawyer's Desk Book is an extraordinary guide that you can't afford to be without. Used by over 150,000 attorneys and legal professionals, this must-have reference supplies you with instant, authoritative legal answers, without exorbitant research fees. Packed with current, critical information, Lawyer's Desk Book includes: Practical guidance on virtually any legal matter you might encounter: real estate transactions, trusts, divorce law, securities, tax planning, credit and collections, employer-employee relations, personal injury, and more - over 70 key legal areas in all! Quick answers to your legal questions, without having to search stacks of material, or wade through pages of verbiage. Key citations of crucial court cases, rulings, references, code sections, and more. More than 1500 pages of concise, practical, insightful information. No fluff, no filler. Just the facts you need to know. The Lawyer's Desk Book, Second Edition incorporates recent court decisions, legislation, and administrative rulings. Federal statutes and revised sentencing guides covered in this edition reflect a growing interest in preventing terrorism, punishing terror-related crimes, and promoting greater uniformity of sentencing. There is also new material on intellectual property law, on legislation stemming from corporate scandals, such as the Sarbanes- Oxley Act, and on legislation to cut individual and corporate tax rates, such as the Jobs and Growth Tax Relief Reconciliation Act. Chapters are in sections on areas including business planning and litigation, contract and property law, and law office issues. Previous Edition: Lawyer's Desk Book, 2018 Edition, ISBN 9781454885153¿ |
| framework for investment contract analysis of digital assets: Rethinking the Regulation of Cryptoassets Johnstone, Syren, 2021-09-21 This thought-provoking book challenges the way we think about regulating cryptoassets. Bringing a timely new perspective, Syren Johnstone critiques the application of a financial regulation narrative to cryptoassets, questioning the assumptions on which it is based and whether regulations developed in the 20th century remain fit to apply to a technology emerging in the 21st. |
| framework for investment contract analysis of digital assets: International Handbook of Blockchain Law Thomas Richter, Matthias Artzt, 2024-08-14 Blockchain’s significant advances since 2020 – including a plethora of new use cases – have necessitated a comprehensive revision of the first edition of this matchless resource. While new chapters and topics have been added, the handbook still follows the systematic and structured approach of the first edition. Each contributor – all of them practitioners experienced with blockchain projects within their respective areas of expertise and specific jurisdictions – elucidates the implications of blockchain technology and related legal issues under such headings as the following: understanding blockchain from a technological point of view; regulatory aspects of blockchain; smart contracts; data privacy; capital markets; crypto asset regulation in Europe, the UK and the US; intellectual property; and antitrust law. The foundational chapter on the technical aspects of blockchain technology has been meticulously expanded to elucidate the proof of stake consensus mechanism alongside fresh insights into the ERC-721 Token Standard for non-fungible tokens, decentralized exchanges, staking, stablecoins, and central bank digital currencies. As blockchain law cements itself as a distinct legal field, this new edition is poised to be an invaluable asset for legal practitioners, in-house lawyers, IT professionals, consultancy firms, blockchain associations, and legal scholars. At a depth that allows non-IT experts to understand the groundwork for legal assessments, the handbook provides those charting the dynamic waters of this field of law with a compass, ensuring they are well-equipped to tackle the legal issues raised by the usage of blockchain technology. |
| framework for investment contract analysis of digital assets: Distributed Ledger Technology and Digital Assets Asian Development Bank, 2019-06-01 This report offers an analytical framework that allows for more systemic assessments of distributed ledger technology (DLT) and its applications. It examines the evolution and typology of the emergent technology, its existing and projected applications, and regulatory and policy issues that they entail. This report highlights the trends, concerns, and potential opportunities of DLTs, especially for Asian markets. It also identifies the benefits and risks to using DLT and offers a functional and proportional approach to these issues. |
| framework for investment contract analysis of digital assets: Anoop Bungay: 2023 USPTO-USCO Study on Non-Fungible Tokens and Related Intellectual Property Law Issues Fungible (F) & Non-Fungible (NF) Tokens (FNFT): A Brief Principles & Terminological Discussion Anoop Bungay, 2023-02-03 The origin and character of fungible and nonfungible tokens. Visit www.fnftpedia.org to learn more. By your leader in innovation in matters of non-novel (exact) conformity science applications for use in commerce (and finance); the creator of the following world famous well-known brands: FATHER OF BITCOIN® FATHER OF BLOCKCHAIN® FATHER OF CRYPTO® |
| framework for investment contract analysis of digital assets: FinTech Jelena Madir, 2024-05-02 This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession. |
| framework for investment contract analysis of digital assets: Digital Assets and Blockchain Technology Daniel T. Stabile, Kimberly A. Prior, Andrew M. Hinkes, 2020-07-31 This key textbook examines the financial growth and success of digital assets in the contemporary economy. As digital assets and other blockchain applications mature, and regulatory authorities work hard to keep pace, three leading attorneys in the field invite students to consider the legal frameworks pertinent to regulating this new method of exchange. In this, the first textbook of its kind, the authors explore the growth of smart contracts, the application of securities laws to token sales, the regulation of virtual currency businesses, the taxation of digital assets and the intersection of digital assets and criminal law. |
| framework for investment contract analysis of digital assets: Keeping Pace with Change: Fintech and the Evolution of Commercial Law International Monetary Fund, Jose Garrido, 2022-01-27 This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies. |
| framework for investment contract analysis of digital assets: The Worth of Art Arturo Cifuentes, Ventura Charlin, 2023-09-05 Silver Medal Winner, 2024 Axiom Business Book Award, Personal Finance / Retirement Planning / Investing The market for art can be as eye-catching as artworks themselves. Works by artists from da Vinci and Rembrandt to Picasso and Modigliani have sold for hundreds of millions of dollars. The world’s ultrawealthy increasingly treat art as part of their portfolios. Since artworks are often valuable assets, how should financial professionals analyze them? Arturo Cifuentes and Ventura Charlin provide an expert guide to the methods, risks, and rewards of investing in art. They detail how to apply the financial and statistical tools and techniques used to evaluate more traditional investments such as stocks, bonds, and real estate to art markets. The Worth of Art: Financial Tools for the Art Markets shows readers how to use empirical evidence to answer questions such as: How do the returns on Basquiat compare to the S&P 500? Are Monet’s portraits as valuable as his landscapes? Do red paintings fetch higher prices than blue ones, and does the color palette matter equally to the sales of abstract Rothkos and figurative Hockneys? How much should be loaned to a borrower who is pledging one of Joan Mitchell’s late abstract paintings as collateral? Would the risk-return profile of a conventional portfolio benefit from exposure to Warhol? Rigorous and readable, this book also demonstrates how quantitative analysis can deepen aesthetic appreciation of art. |
| framework for investment contract analysis of digital assets: Digital Tokens: A Legal Perspective Mr. José M. Garrido, 2023-07-28 Tokens are units digitally represented in a distributed ledger or blockchain. The various uses of this technology have the potential to transform a wide array of economic activities, from traditional commercial transactions to sophisticated financial undertakings. This paper explores the similarities and differences of tokens with traditional legal instruments in commercial law and how tokens could offer superior solutions, provided that proper legal foundations are established for their operation, including aspects of the law of securities and consumer protection law. |
| framework for investment contract analysis of digital assets: Blockchain Democracy William Magnuson, 2020-02-27 Exploring blockchain and bitcoin, Magnuson shows how the technology rife with crime and speculation also offers innovation and hope. |
| framework for investment contract analysis of digital assets: Securities Activities of Banks Melanie L. Fein, 2011-12-20 The Fourth Edition of a leading resource in the field, this valuable practice tool brings you completely up-to-date on the evolving laws governing banks' securities activities - from regulatory changes in the financial markets and administrative reform to recent court decisions and legislative reform, including the recently enacted Sarbanes-Oxley Act of 2002 and the Gramm-Leach-Bliley Act. Here is everything you need to help build a bank's securities business while avoiding compliance pitfalls. Securities Activities of Banks, Fourth Edition provides: In-depth discussions of the securities activities now permissible for banks, bank holding companies, and financial holding companies, Clear explanations of how securities laws affect banks' securities activities, A complete review of how banks are regulated - including foreign banks and affiliates, Up-to-date analysis of the evolution of the banking laws through agency and court decisions. Detailed descriptions and analyses illuminate the full range of current bank securities activities, including investment and trading activities, brokerage activities, investment advice, underwriting, mutual funds, international securities activities, derivative instruments, deposits and loans, fiduciary activities, and more.--Publisher's website. |
| framework for investment contract analysis of digital assets: Payment Services Casanova, John, Savoie, Max, 2022-02-15 The rise of Fintech and crypto-assets in the payments sector presents new opportunities and challenges for firms, regulators and policymakers, and the law is continually changing to keep pace with these developments. This book provides an overview and practical examination of key areas of payments law and regulation in the EU and UK, as well as introductions to analogous legal regimes in the United States, Hong Kong, Singapore and sub-Saharan Africa. |
| framework for investment contract analysis of digital assets: Read Write Own Chris Dixon, 2024-01-30 NEW YORK TIMES BESTSELLER • A potent exploration of the power of blockchains to reshape the future of the internet—and how that affects us all—from influential technology entrepreneur and startup investor Chris Dixon “A must for anyone who wants to better understand the real potential of blockchains and web3.”—Robert Iger, CEO, Disney “A compelling vision of where the internet should go and how to get there.”—Sam Altman, co-founder, OpenAI The internet of today is a far cry from its early promise of a decentralized, democratic network of innovation, connection, and freedom. In the past decade, it has fallen almost entirely under the control of a very small group of companies like Apple, Google, and Facebook. In Read Write Own, tech visionary Chris Dixon argues that the dream of an open network for fostering creativity and entrepreneurship doesn’t have to die and can, in fact, be saved with blockchain networks. He separates this movement, which aims to provide a solid foundation for everything from social networks to artificial intelligence to virtual worlds, from cryptocurrency speculation—a distinction he calls “the computer vs. the casino.” With lucid and compelling prose—drawing from a twenty-five-year career in the software industry—Dixon shows how the internet has undergone three distinct eras, bringing us to the critical moment we’re in today. The first was the “read” era, in which early networks democratized information. In the “read-write” era, corporate networks democratized publishing. We are now in the midst of the “read-write-own” era, sometimes called web3, in which blockchain networks are granting power and economic benefits to communities of users, not just corporations. Read Write Own is a must-read for anyone—internet users, business leaders, creators, entrepreneurs—who wants to understand where we’ve been and where we’re going. It provides a vision for a better internet and a playbook to navigate and build the future. |
| framework for investment contract analysis of digital assets: Routledge Handbook of Financial Technology and Law Iris H-Y Chiu, Gudula Deipenbrock, 2021-04-29 Financial technology is rapidly changing and shaping financial services and markets. These changes are considered making the future of finance a digital one.This Handbook analyses developments in the financial services, products and markets that are being reshaped by technologically driven changes with a view to their policy, regulatory, supervisory and other legal implications. The Handbook aims to illustrate the crucial role the law has to play in tackling the revolutionary developments in the financial sector by offering a framework of legally enforceable principles and values in which such innovations might take place without threatening the acquis of financial markets law and more generally the rule of law and basic human rights. With contributions from international leading experts, topics will include: Policy, High-level Principles, Trends and Perspectives Fintech and Lending Fintech and Payment Services Fintech, Investment and Insurance Services Fintech, Financial Inclusion and Sustainable Finance Cryptocurrencies and Cryptoassets Markets and Trading Regtech and Suptech This Handbook will be of great relevance for practitioners and students alike, and a first reference point for academics researching in the fields of banking and financial markets law. |
| framework for investment contract analysis of digital assets: Taxation of Crypto Assets Niklas Schmidt, Jack Bernstein, Stefan Richter, Lisa Zarlenga, 2020-11-27 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. |
| framework for investment contract analysis of digital assets: A Critical Appraisal of Initial Coin Offerings Dominika Nestarcova, 2019-09-02 In A Critical Appraisal of Initial Coin Offerings: Lifting the “Digital Token’s Veil”, Dominika Nestarcova examines the regulatory treatment of initial coin offerings (‘ICOs’), a novel form of raising capital, where start-up companies issue blockchain-based assets (‘digital tokens’) to the public in return for a payment. The ICO model promises to utilize blockchain technology to enforce financial contracting via the underlying code, thereby substituting the traditional securities regulation. Dominika Nestarcova provides an in-depth analysis of this promise by examining the nature of digital tokens, the process, underlying benefits and risks to the model and the current state of the ICO regulation with an aim to uncover how the self-regulatory promise offered by ICOs lives up the expectations. |
| framework for investment contract analysis of digital assets: Sustainable Oil and Gas Using Blockchain Soheil Saraji, Si Chen, 2023-06-16 This monograph explores the potential of blockchain technology to facilitate the transition in the oil and gas (O&G) industry. As the world shifts towards a sustainable energy future, the oil and gas industry faces significant challenges and opportunities. Focusing on the development of a sustainable O&G industry, the book delves into the role of climate and financial markets in the energy sector, applications of blockchain in sustainable energy development, and the challenges of legal and regulatory issues in applying blockchain technology. It provides insight into how the energy industry is already working on reducing carbon emissions and paving the way to a sustainable future with detailed examples of reducing methane emissions, carbon credit markets, sustainable aviation fuels, and plastics. The book also examines how O&G companies could further their sustainability initiatives using blockchain technology for emission data monitoring, carbon capture, utilization, storage, and supply-chain management to develop clean products. |
| framework for investment contract analysis of digital assets: Origin of a Specie™ Anoop Bungay, 2019-08-29 Welcome to the public disclosure of the world's first body of required reading for ALL duly appointed, lawfully elected or employed persons in public office or in private enterprise, as leaders; legislators, policymakers; regulators; technical experts; scientists; members of Top Management; global professional liability insurers including corporate risk insurers; legal professionals; law enforcement; and business persons; promoters; consultants; investors; students - in at least 119 countries - who seek primary source, traceable, verifiable and immutable knowledge on the origins, commercialization, litigation-testing and National and International Standardization of the Principles of 'BlockChain' and related concept system subject matter: including but not limited electronic peer-to-peer finance (non-bank, non-institutional, non-syndicated, non-regulated or regulatory exempt, free trading; (P2P)/Private/Crypto/Secret/Shadow) utility tokens, securities token. This global public disclosure is designed to be your practical and scholarly, primary source knowledge commencing from at least as early as 14-August-2001 until present day (September 2019 - or as of latest update) on the origin of the Principles of 'BlockChain' and related concept system matter; and is designed to be relied upon as a legislative-, regulatory-, public policy-making-, academic-, business-, investment- , professional-, technical-, and scientific reference, now and into the future. As an electronic - (intellectual property token; trademark brand: MQCC InPUT™ ) - format encyclopedic authoritative reference, this First Edition will be continually improved until the next edition is published. If you are a lawfully elected or duly appointed public official (Head of State, Senator, Minister, Legislator, Policy Maker, Regulator); lawfully elected, duly appointed or employed member of a regulated, reporting or private organization in the role of Top Management (Chief Executive Officer (CEO)- level or Board of Director-level) member; a legal professional; an professional liability insurance/organization risk underwriter; an investor, academic or interested person: before you spend any of your personal money (or any more personal money) and your valuable personal time on 'BlockChain'-anything or 'crypto'-anything; put this electronic reference [intellectual property utility token (distinctively known as the MQCC™-registered, global trademark: MQCC InPUT™)] in your personal library and learn directly from the person (Author) who: <*> first identified and commercialized (starting at least as early as April 9, 2005) a globally accessible, peer-to-peer electronic finance system; (cryptofinancial network). <*> first registered (starting at least as early as May 9, 2008) a subordinate Quality Management System to ISO 9001:2000; ISO 9001:2008 and the current risk-based ISO 9001:2015 in order to publicly prove to the world, that the globally accessible system-network methods and products are better, safer, more efficient and in order to establish at-a-glance (prima facie) levels of trust - at a global scale; <*> Over the past 19 years, has personally introduced and educated the following classes of people on the origins and over-14 years of successfully commercialized, National and International consensus-standards-based, application the overarching concept system including: the Principles of 'BlockChain'; utility tokens, securities tokens, conformity science: *> public officials (Ministers, Legislators, Policy Makers, Regulators) *> lawyers employed by law enforcement agencies *> lawyers employed by public market securities regulators *> CEO's, Executive Officers, members of Top Management of regulated, reporting or private business organizations *> retail customers (investors and investees) *> and more <*> Developed, what is today, the world's most trusted and trustworthy global system-network of its kind that, for over 12 years, meets and exceeds United States a (US) Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) Higher-level contract quality requirements and integrates elements of the globally trusted US National Institute of Standards and Technology (NIST) Framework Core for Improving Critical Infrastructure Cybersecurity. This encyclopedic authoritative reference takes you from the start, from at least as early as 14-August-2001 to Present day (September 2019). Now that this compendium is published, if any consultant or business promoter, anywhere in the world (at least in 119 countries where ISO 9000 is considered a National Standard class of family of standards) on matters claims to know what he or she is talking about and has not proven to you that they have read this important work of public disclosure, then they really don't know scientific-based, historically-accurate, information timeline. -> Learn how the Author has been telling CyrptoExchange CEO's to learn the MQCC Standards™, so they can make their cryptoexchanges better, safer and more efficient for the inexperienced global public and regulatory community -- months (and years) before sad events occurred when some exchanges suffered catastrophic shutdowns because Top Management did not have and still do not have, the historically proven systems that they need to assure better, safer and more efficient cryptofinancial operations; which MQCC developed. --> Learn how some CEO's or Top Management of Banks and Public Securities Exchanges have been explained that an over 14 year-old fully functional system built on the Principles of 'BlockChain' exists and will prevent corporate shareholder financial loss caused by risk due to uncertainty created by nonconformity events like mortgage fraud and ineffective public (reporting securities issuer) company operators. -> Learn how a proven regulatory-integrated framework of co-existence between public securities regulators and non-public securities regulators and regulatees has evolved since at least as early as August 14, 2001. -> Learn how the term Bungay Unification of Quantum Processes Algorithm also represented as the Principles of 'BlockChain' was abstracted from observation of the originating object or phenomenon. -> Learn how to find out who is a competent consultant and who is not a competent consultant on matters related to the Principles of 'BlockChain' -> Learn how to the global community has misunderstood the origins and wasted (in some cases, literally) millions of dollars in ideas that are BlockChain-in-Name-Only. -> Learn how The Principles of 'BlockChain' have nothing to do with computer programming language C++; which was used to program the bitcoin, alpha-state, experimental software program. -> Learn about the discovery and commercialization of SYSTEMS-LEVEL Artificial Intelligence (SL) by the yours sincerely. -> Learn how commercially available suite of systems, technology, services and products work for any size organization: 1 owner-operator to an organization with 1,000,000 million employees and more. This encyclopedic authoritative reference will be your best investment in this subject matter, ever. More about this encyclopedic authoritative reference The Principles of 'BlockChain' were naturally discovered out of a need to create a governance and operating system for the world's first peer-to-peer (P2P) electronic finance system-network for the trade in non-bank, non-institutional, non-syndicated, non-regulated or regulatory exempt, free trading securities and related financial instruments; commencing from at least as early as August 14, 2001. As a reminder, before you invest or spend any money on BlockChain-anything, or crypto-anything; learn from from the person who first discovered and then commercialized it, since at least as early as April 9, 2005 at www.privatelender.org; a person who also happens to be the world's leading authority on National and International Standards-Class NISC™ (in at least 119 countries), Quality Management System-integrated, regulatory-integrated, litigation-tested, BlockChain-based Systems, Technology, Services and Products. WARNING: If you have any question of comprehension or understanding, seek professional counsel before you - another friendly reminder - spend even one more unit of fiat currency (real money) on any BlockChain or Crypto project. Ask your local legislator, lawyer or, in the future your local conformity scientist and PROFESSIONAL BLOCKCHAINEER™/®. Remember this authoritative encyclopedic reference is written by the person who developed the world's first commercialized an application of the Principles of 'BlockChain' in Commerce for a peer-to-peer electronic finance system. A body of transmundane knowledge encompassing a variety of knowledge disciplines. Having built it first and having built it right, means - despite being the CEO of a commercial finance sector organization - the Author is more or less under the radar from the scrutiny of the general public due to successful application of the sub-principle effective disintermediation; as such, nobody on Earth has really been afforded an opportunity to look behind the history - in a single, primary source compendium - to see how delicate, comprehensive, complex and beneficial conformity science and the Principles of 'BlockChain', truly are. Not to mention the painstaking diligent years of maintaining the momentum. If you, your family, your company or your country is even thinking about investing limited sovereign resources and valuable time into the Principles of 'BlockChain', crypto-anything, token-anything and related matters (or want to be an authority on the subject), then learn about its origins, its regulatory-scrutinized, litigation-tested commercial applications of the present-day, and its future. Especially if you are (or will be, one day) employed as a Head of State, Legislator, Policymaker, Regulator, Lawyer, member of Top Management (Chief Executive Officer (CEO) or Board Member of a regulated or non-regulated Organization, Academic (student, undergraduate, graduate, doctoral, post-doctoral research), Journalist, Professional Liability Insurer, Investor, Head of a Family Office; or, if you are your normal, everyday person, just curious about the world. This work of scientific-commercial-regulatory-financial literature is both a public service and an introduction to the foundational body of knowledge that led to the discovery of the Principles of 'BlockChain', the birth of binary digit non-bank, non-institutional, non-syndicated, non-regulated or regulatory exempt, free trading securities and related financial instruments; also known as Peer-to-Peer (P2P)/Private/Crypto/Secret/Shadow securities and related financial instruments; Binary Digit Financial Instruments or Digital Assets and the Discovery of Conformity Science. It is the foundation of evolutionary digital commerce (a new field of science for the study of the evolutionary (revolutionary, perhaps?) processes related to the discovery of the Principles of 'BlockChain' and production of binary digit financial instruments (digital assets), systems, technologies, services and products. The body of evidence - as you would expect from the creator of a system built on principles that creates trust through transparency, immutability, validation, traceability and verifiability - is itself, traceable, verifiable, immutable and transparent. You will not find this content anywhere else. MQCC is the point of origination. The Bungay Unification of Quantum Processes Algorithm: when Quantum Unification Theory met Commerce. A revolutionary paradigm shift in how commerce is transacted, allowing for realizable quality, conformity and control goals to be achieved; resulting in long term, sustainable inflows of money. And lots of it. If you agree that the Principles of 'BlockChain' offer the utmost level of immutable data (knowledge) veracity, validity, verifiability, transparency, proof and truth; then you will understand the non-trivial implications of this history of the discovery of the Principles of 'BlockChain'. Origin of a Specie™: an authoritative encyclopedic reference that only the discoverer of the world's first globally accessible, regulatory-recognized, regulatory-integrated and regulatory-trusted, commercialized Principles of 'BlockChain'-based system for the trade in non-bank, non-institutional, non-syndicated, non-regulated or regulatory exempt, free trading securities and related financial instruments; also known as Peer-to-Peer (P2P)/Private/Crypto/Secret/Shadow securities and related financial instruments (Binary Digit Utility Tokens for Digital Assets), could write. |
| framework for investment contract analysis of digital assets: Regulation of Innovative Technologies Rosario Girasa, Gino J. Scalabrini, 2022-06-17 This book explores the regulation of emerging technologies. Developments such as bitcoin (based on blockchain technology), artificial intelligence, quantum computing, and other technical advances have the potential to revolutionize many aspects of everyday life. As with other significant occurrences, especially when coupled by financial rewards, there are the inevitable attempts to reap gains unlawfully. This book examines the legal and regulatory enactments that attempt to undermine the risks to society as well as the dangers to individual freedoms that the technologies present when abused by governmental and non-governmental authorities. Included are discussions of the dangers to the right of privacy posed by facial recognition, physical location tracking, automated license plate recognition (ALPR) and other evolving applications of technology. This book is an invaluable resource for those interested in the regulation of emerging technologies particularly as they relate to blockchain, artificial intelligence, and the most current advances in quantum computing. Emphasis is focused on invasion of privacy, particularly by government authorities, antitrust implications of private companies and the efforts of international entities to counter alleged abuses by them. |
| framework for investment contract analysis of digital assets: Blockchain Technology Sonali Vyas, Vinod Kumar Shukla, Shaurya Gupta, Ajay Prasad, 2022-04-19 This book is for anyone who wants to gain an understanding of Blockchain technology and its potential. The book is research-oriented and covers different verticals of Blockchain technology. It discusses the characteristics and features of Blockchain, includes techniques, challenges, and future trends, along with case studies for deeper understanding. Blockchain Technology: Exploring Opportunities, Challenges, and Applications covers the core concepts related to Blockchain technology starting from scratch. The algorithms, concepts, and application areas are discussed according to current market trends and industry needs. It presents different application areas of industry and academia and discusses the characteristics and features of this technology. It also explores the challenges and future trends and provides an understanding of new opportunities. This book is for anyone at the beginner to intermediate level that wants to learn about the core concepts related to Blockchain technology. |
| framework for investment contract analysis of digital assets: The Cambridge Handbook of European Monetary, Economic and Financial Integration Dariusz Adamski, Fabian Amtenbrink, Jakob de Haan, 2023-10-12 Written by experts in the field, this volume offers an in-depth and forward-looking legal, economic, and political science analysis of the rationale, main features, as well as the shortcomings of European economic, monetary, and financial integration. It is primarily intended for an academic audience and policymakers. |
| framework for investment contract analysis of digital assets: Building the New Economy Alex Pentland, Alexander Lipton, Thomas Hardjono, 2021-10-12 How to empower people and communities with user-centric data ownership, transparent and accountable algorithms, and secure digital transaction systems. Data is now central to the economy, government, and health systems—so why are data and the AI systems that interpret the data in the hands of so few people? Building the New Economy calls for us to reinvent the ways that data and artificial intelligence are used in civic and government systems. Arguing that we need to think about data as a new type of capital, the authors show that the use of data trusts and distributed ledgers can empower people and communities with user-centric data ownership, transparent and accountable algorithms, machine learning fairness principles and methodologies, and secure digital transaction systems. It’s well known that social media generate disinformation and that mobile phone tracking apps threaten privacy. But these same technologies may also enable the creation of more agile systems in which power and decision-making are distributed among stakeholders rather than concentrated in a few hands. Offering both big ideas and detailed blueprints, the authors describe such key building blocks as data cooperatives, tokenized funding mechanisms, and tradecoin architecture. They also discuss technical issues, including how to build an ecosystem of trusted data, the implementation of digital currencies, and interoperability, and consider the evolution of computational law systems. |
| framework for investment contract analysis of digital assets: The Emerald Handbook of Blockchain for Business H. Kent Baker, Ehsan Nikbakht, Sean Stein Smith, 2021-03-09 This handbook equips academics, practitioners, and students with an understanding of the cutting-edge developments and applications of emerging blockchain technology. Covering the basic concepts while showcasing practical applications in intricate real-world situations, readers benefit from a useful balance of detailed and user-friendly coverage. |
| framework for investment contract analysis of digital assets: Corporate Criminal Investigations and Prosecutions Leo R. Tsao, Daniel S. Kahn, Eugene F. Soltes, 2022-09-15 Corporate Criminal Investigations and Prosecutions provides readers a comprehensive understanding of the process behind the investigation, prosecution, and resolution of criminal charges against organizations. Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and resolves corporate criminal violations. As a result of these developments, the practice of investigating, prosecuting, and resolving corporate criminal cases has many significant differences from other areas of criminal or civil law. Notably, one of the most significant aspects that distinguishes corporate criminal practice is that much of it occurs outside of the formal judicial system; nearly all DOJ corporate criminal matters are resolved through negotiated settlements, and very few cases involve court proceedings or go to trial. As a result, many parts of this practice remain relatively unknown to students and practitioners. Until now. With the publication of this book, authors Leo Tsao, Daniel Kahn, and Eugene Soltes, whose resumes collectively reflect the highest levels of practice and expertise in this field, open a window into all aspects of corporate criminal investigations and prosecutions. Professors and students will benefit from: The authors bring a unique perspective and unparalleled qualifications to the subject of corporate criminal liability. Daniel Kahn is the former acting Deputy Assistant Attorney General of the Criminal Division and former Chief of the Fraud Section and FCPA Unit. Leo Tsao is the former Principal Deputy Chief of the Money Laundering and Asset Recovery Section and has held supervisory positions in the Bank Integrity Unit and FCPA Unit within the DOJ’s Criminal Division. Eugene Soltes is a professor at Harvard Business School, and regularly teaches and advises companies on corporate integrity, organizational cultures, and compliance systems. Comprehensive coverage: Part One addresses topics that are generally applicable to all corporate criminal cases, such as the legal principles underlying corporate criminal liability; the individual liability of corporate officers for corporate crimes; and the constitutional rights of criminal corporate defendants—to name a few. Part Two addresses specific categories of federal crimes commonly used to charge corporate defendants, such as conspiracy, the FCPA, the Bank Secrecy Act, antitrust laws, and RICO. Part Two also provides insights into criminal activity and law enforcement within the technology sector as it pertains to virtual currency (e.g., Bitcoin). Extensive online resources include discussion questions, and relevant case material for key chapters |
| framework for investment contract analysis of digital assets: Proceedings of the 7th International Conference on Economic Management and Green Development Xiaolong Li, |
| framework for investment contract analysis of digital assets: Emerging Tools and Strategies for Financial Management Álvarez-García, Begoña, Abeal-Vázquez, José-Pablo, 2020-02-14 Over the past years, significant changes have occurred in the corporate sector arising from globalization, increasing international competitiveness, and intensive use of information and communication technologies (ICTs). These developments have led to new corporate and social behaviors that are affecting the entire corporate value chain. Thus, business organizations are focusing on technological innovation as a driving force of development. Emerging Tools and Strategies for Financial Management is a pivotal reference source that explores both practical and theoretical perspectives on how financial management is evolving and how future consequences of technological innovation will affect individuals, businesses, and society. While highlighting topics such as financial imbalance, venture capital, and shadow banking, this publication explores the relationship between companies and their customers and the methods of generating changes in today’s enterprises. This book is ideally designed for business managers, financial analysts, financial controllers, directors, finance officers, treasurers, entrepreneurs, CEOs, academicians, students, and research professionals. |
| framework for investment contract analysis of digital assets: Blockchain Radicals Joshua Dávila, 2023-08-08 Blockchain Radicals uncovers the radical political potential of the blockchain, showing how it can be used by the left in the fight against capitalism. Over the last decade, blockchains and crypto have opened up a new terrain for political action. It is not surprising, however, that the crypto space has also become overrun by unscrupulous marketing, theft and scams. The problem is real, but it isn't a new one. Capitalism has ruined crypto, but that shouldn't be the end of it. Blockchain Radicals shows us how this has happened, and how to fix crypto in a way that is understandable for those who have never owned a cryptocurrency as well as those who are building their own decentralised applications. Covering everything from how Bitcoin saved WikiLeaks to decentralised finance, worker cooperatives, the environmental impact of Bitcoin and NFTs, and the crypto commons, it shows how these new tools can be used to challenge capitalism and build a better world for all of us. While crypto is often thought of as being synonymous with unbridled capitalism, Blockchain Radicals shows instead how the technology can and has been used for more radical purposes, beyond individual profit and towards collective autonomy. |
| framework for investment contract analysis of digital assets: Technology in Financial Markets Marco Dell'Erba, 2023-09-28 This book develops a dynamic perspective on the study of technology as a disruptive force and its relationship to financial regulation and the law. It identifies the interconnections that characterise technology-driven transformations, involving commercial practices, capital markets, corporate-governance, central banking, and financial networks. |
| framework for investment contract analysis of digital assets: Business Law for Entrepreneurs Margo E.K. Reder, Kabrina K. Chang, Sean P. Melvin, Jonathan J. Darrow, 2021-03-26 Business Law for Entrepreneurs covers the unique business and legal issues of startups and small businesses. This cutting-edge textbook provides students with the competence and practical insights required to identify and respond to emerging challenges in our rapidly evolving business and legal environment. |
| framework for investment contract analysis of digital assets: Understanding Initial Coin Offerings Dmitri Boreiko, 2024-03-14 Delving into the comprehensive evolution of Initial Coin Offerings (ICOs), this innovative book traces their origins and transition into modern forms such as Security Token Offerings, Initial Exchange Offerings, Initial DEX Offerings, and Non-Fungible Tokens. It provides an in-depth analysis of the factors behind the appeal of ICOs, the complex ecosystem surrounding them, and the key developments within the blockchain and cryptocurrency space. |
| framework for investment contract analysis of digital assets: The Emerald Handbook of Fintech H. Kent Baker, Greg Filbeck, Keith Black, 2024-10-04 The Emerald Handbook of Fintech offers a detailed, user-friendly examination of the technologies and products reshaping the financial technology industry from leading global scholars and practitioners. |
| framework for investment contract analysis of digital assets: Understanding cryptocurrency fraud Shaen Corbet, 2021-12-06 This handbook focuses on the key issues that continue to hinder the formal development of cryptocurrencies as a mainstream financial asset. It primarily examines reputationally damaging events, particularly those related to illicit behavior. The goal of the handbook is to determine whether some of these events could be mitigated by improved or at least coordinated international regulation. The handbook will be useful for specialist technical audiences such as legal, accounting and financial practices. It will also be beneficial for upper level masters and research students in economics, law, accounting, taxation, investment and portfolio management. |
| framework for investment contract analysis of digital assets: The Web3 Revolution Hui Gong, |
| framework for investment contract analysis of digital assets: The Economics of Cryptocurrencies J. Mark Munoz, Michael Frenkel, 2020-12-03 Cryptocurrencies have had a profound effect on financial markets worldwide. This edited book aims to explore the economic implications of the use of cryptocurrencies. Drawing from chapter contributors from around the world, the book will be a valuable resource on the economics of cryptocurrencies. The intended audience is composed of academics, corporate leaders, entrepreneurs, government leaders, consultants and policy makers worldwide. Over the past few years, the topic of cryptocurrencies has gained global attention and has been the subject of discussion in various news media, in policy-making bodies and government entities, and in financial institutions, classrooms and boardrooms. Despite widespread interest, much remains unknown on what the economic implications of cryptocurrencies are. This book enhances the reader’s understanding of cryptocurrencies, its impact on industry and its implications on the political and economic environment. Drawing from chapter contributions from leading academics and thought leaders from around the world, this book is the definitive guide on the economics of cryptocurrencies. There is scarcity of well conceived, academically grounded literature on the impact of cryptocurrencies on industry, politics and economics. This pioneering book provides up-to-date and in-depth analysis on the subject. The book will be appealing to academic communities, business professionals and entrepreneurs in their quest for better understanding the challenges and opportunities brought about by cryptocurrencies. Consultants, government officials and policy makers will find the information helpful in defining strategic pathways into the future. |
| framework for investment contract analysis of digital assets: Broker-Dealer Law and Regulation, 5th Edition Poser, Fanto, Gross, |
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Mar 3, 2023 · THE INELUCTABLE MODALITY OF SECURITIES LAW: WHY FUNGIBLE CRYPTO ASSETS ... ... assets. ...
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duced the framework for investment contract analysis of digital assets”). This framework again emphasized that “issuers and other persons and entities engaged in the marketing, offer, sale, …
SEC Examinations Division Issues Risk Alert Regarding Digital …
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Jun 26, 2021 · pronouncement, the agency chose to call the same interests “digital assets.” See Statement on “Framework for ‘Investment Contract’ Analysis of Digital Assets”, U.S. S. EC. E.
Re: Meeting with Representatives of Dragonfly - SEC.gov
the recipients. There is no pooling of assets or shared risk, as each recipient’s fortunes remain entirely independent of others. For vertical commonality, there is no investment by the …
2022-11-09 Voyager INITIAL CLASS ACTION COMPLAINT
also published the Framework for 'Investment Contract' Analysis of Digital Assets ("SEC Framework"), providing guidance for assessing whether a crypto-token offering is a security …
Written Statement of Zachary J. Zweihorn Partner, Davis Polk …
Apr 27, 2023 · 4 Clearing agencies who facilitate book-entry settlement of securities transactions. And so, if a digital asset is a security, not only must its initial sale be registered or qualify for an …
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GLOBAL DIGITAL ASSET & CRYPTOCURRENCY ASSOCIATION …
sold pursuant to an investment contract in an initial transaction, the crypto asset itself is not the security.7 1 17 CFR § 275.206(4)-2. 2 Proposing Release at 18. 3 Id. 4 Id. at fn 29. 5 Id. 6 …
VII. References
24 International Monetary Fund—Fintech Notes VII. References Adrian, T., and T. Mancini Griffoli. 2019. “The Rise of Digital Money.” IMF
PRECEDENTIAL
duced the framework for investment contract analysis of digital assets”). This framework again emphasized that “issuers and other persons and entities engaged in the marketing, offer, sale, …
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Technology (“FinHub”) released a framework (“Framework”) for when digital assets—”asset[s] that [are] issued and transferred using distributed ledger or blockchain technology”—may classify …
SEC Regulation of Cryptocurrency - COBAR
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Investment Contracts and Howey. - COBAR
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Digital Assets and SEC Regulation Updated June 23, 2021 Congressional Research Service https://crsreports.congress.gov R46208
The Ineluctable Modality of Securities Law Nov.10 2022
DISCUSSON DRAFT: NOVEMBER 10, 2022 Do not cite in academic work without authors’ consent
Coinbase Inc v. SEC
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SEC v. Howey
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Digital Assets and SEC Regulation - CRS Reports
Digital Assets and SEC Regulation January 30, 2020 Congressional Research Service https://crsreports.congress.gov R46208
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duced the framework for investment contract analysis of digital assets”). This framework again emphasized that “issuers and other persons and entities engaged in the marketing, offer, sale, …
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GLOBAL DIGITAL ASSET & CRYPTOCURRENCY ASSOCIATION
sold pursuant to an investment contract in an initial transaction, the crypto asset itself is not the security.7 1 17 CFR § 275.206(4)-2. 2 Proposing Release at 18. 3 Id. 4 Id. at fn 29. 5 Id. 6 …
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SEC Examinations Division Issues Risk Alert Regarding Digital …
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Digital Assets and SEC Regulation - EveryCRSReport
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Re: AIMA written input to the SEC’s Crypto Task Force
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Digital Assets and SEC Regulation Updated June 23, 2021 Congressional Research Service https://crsreports.congress.gov R46208
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SEC v. W.J. Howey Co
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Statement of Christine T. Parker Partner, Reed Smith LLP
U.S. 293, 301 (1946). In 2019, the SEC staff released “a framework for analyzing whether a digital asset has the characteristics of one particular type of security – an ‘investment contract.’” …
IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD …
Framework for “Investment Contract” Analysis of Digital Assets, SEC (Apr. 3, 2019), ... Congress that “the exchanges trading in th ese crypto assets do not have a regulatory framework either …
June 13, 2022 Secretary 100 F Street, NE Washington, DC …
• A non-binding publication published by FinHub - Framework for “Investment Contract” Analysis of Digital Assets dated April 3, 2019 issued by the Strategic Hub for Innovation and Financial …
