Initial coin offering is an unregulated process, used by startups, specifically by startup companies working in the fields of technology and information technology to raise funds to fund a technology project by offering a token or cryptocurrency. Difficulties in obtaining appropriate financing for their projects through banks or official financial institutions.
At the beginning of the work, the project staff does a comprehensive review of the project, or what is called a white paper, and what it will lead to in the end, and includes an estimate of the funds needed as financing for the project. , what coins are accepted, the number of cryptocurrencies offered to financiers and the rest offered as an alternative to the founders, and how long the ICO campaign will last.
And with the start of the campaign, enthusiasts for the project or the topic as a whole begin to buy this new token, whether in traditional currencies or other cryptocurrencies such as Bitcoin or Ethereum, often using Ethereum due to the bidding process. Token trading is generally managed by the Ethereum Blockchain network.
Ethereum is now the main currency of any ICO with Ether being represented as the fastest and most secure transfer.
So we can say that coins, e-coins, or tokens are partial digital coupons issued in the form of Blockchain that is distributed to financiers/investors with a low initial value, either in traditional or digital currencies. It's like stocks but can be traded.
Owning these purchased tokens is similar to owning the stock offered by companies in an initial public offering, but with the slight difference that these tokens do not represent a stake or share of the company's assets, i.e. the currency you are buying. Invested/financed by the source at a certain price.
After the ICO expires, you find these tokens on cryptocurrency exchanges, they can be sold, bought, and traded and their price can be more or less than the price you bought at the beginning of the offer of course the investors will guarantee that their project will be successful and the value of the tokens will become a high-value cryptocurrency
If the group funds meet the minimum expected to be achieved in the initial work, the project is considered successful and the funds become the property of the founders and can be used for business, completion, or development of a new project. Existing project funds will be returned to the funders only if the stipulated minimum requirements are not met, and the first token bid is deemed unsuccessful.
We can see a lot of ICOs today but the truth is that most of them will not succeed in the future after raising money from funders, ICOs are now the easiest way to get money/funding from people so you must do your research. Do deep research on the proposed currency or project before investing in any of them.
The main problem with ICOs is that they lack any business model or any real product, they are just a white paper on their website. However, some legitimate or reputable projects could raise the necessary funds/funding on that paper but these are few and you should take a look at them.
Some regulators around the world have set guidelines for initial coin offerings and we will review the following:
1. Abu Dhabi Global Market Financial Services Regulatory Authority (FSRA of ADGM) - October 9, 2017
The agency described ICOs as a good and effective way to raise funds for project financing, and gave very accurate advice to those seeking a high return on investment, given their varying transparency and that it would not be appropriate to adopt a one-size-fits-all approach.
As the financial services regulator, the Finance and Administration Department is fully aware that ICOs do not always comply with current regulatory ratings and will regularly review and update the Financial Services Rules to maintain market efficiency and that ICOs are regulated.
The guide published by the Abu Dhabi Global Market provides many clarifications and regulatory details related to ICO transactions for those who wish to finance or invest in this field, as these transactions include receiving tokens that reflect the specifics of certain investments made within the regulatory framework. The ADGM Financial Services Regulatory Authority Guide also states that virtual currencies are treated as commodities.
2. Australian Securities and Investments Commission (ASIC) - on September 28, 2017
The agency's goal was to create a regulatory framework to ensure startups understand the law and meet their obligations while alerting investors to the potential risks of ICOs and fraud that could harm the interests of funders.
These directions include:
- When an ICO is created to fund a company or a project, the rights to coins issued by the ICO fall under the definition of a stock.
- The rights described in the ASIC legislation will help determine whether this coin or token is considered a stock, and this is included in the white paper published by the ICO.
- When issuing a coin, the issuer must prepare an information leaflet that explains the entire issuance process, similar to that published in the case of an IPO or IPO.
- By law, the prospectus must contain all the information investors reasonably need to make an informed investment decision.
- Despite the similarities between an ICO and an IPO, ICOs are not subject to the same degree of protection if the prospectus contains no or no deceptive or misleading information.
- The trading of the resulting cryptocurrency is similar to any trading that takes place in the financial markets and any person/entity offering it to clients in Australia must have a license to do so.
- Under no circumstances does Australian law prohibit misleading behavior in or in connection with trading or financial services, including the promotion of ICOs that mislead potential investors or contain false information.
- The authority advises individuals or entities considering investing in cryptocurrencies or ICOs and are uncertain about their viability or subject to anticipated legal obligations, to contact the Innovation Center for assistance.
3. US Securities and Exchange Commission (SEC) - December 11, 2017
The most important thing in his explanation was:
- Many concerns have been raised about the cryptocurrency markets and ICOs, as they currently operate with far less protection for investors than is required as traditional exchanges, with greater opportunities for fraud and manipulation.
- Investors should understand that no underwriting transactions have been registered with the US Securities and Exchange Commission (SEC) yet. Also, any exchange-traded products, such as ETFs that hold cryptocurrency or other crypto-related assets, are not approved for listing and trading.
- The Foundation believes that ICOs - whether they represent physical or digital securities - can be effective tools for entrepreneurs and others to raise funds/funding, especially for innovative projects. However, any such activity must be accompanied by significant disclosures, transactions, and other investor protection measures required by our securities laws. Changing the nature of the offer of securities does not change the basic point to be followed by securities laws when offering security.
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