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WATCH RELATED VIDEO: How to Access Early Stage Blockchain Projects with ICOs \u0026 IDOs (Crypto Guide)

What Is an ICO?


While the AFM recognises the potential of blockchain technology for financial services, ICOs are currently vulnerable to misrepresentation, fraud and manipulation. In addition, due to their unregulated status and the anonymous nature of the transactions involved, ICOs are attractive for the laundering of money obtained by criminal means. The current hype surrounding cryptos and ICOs may blind investors to these risks.

Because of these risks, there is a strong possibility that investors will lose their entire investment. An ICO is a way for companies — usually start-ups — to obtain funding for the development of services. With an ICO, the provider issues digital tokens by means of blockchain technology. ICOs have a cross-border nature: in principle, anyone with Internet access and a digital wallet can buy these tokens.

The tokens may sometimes be purchased in euros or dollars, but more frequently in cryptos, such as Bitcoin or Ethereum. Tokens vary widely in their design and function. Usually they represent a prepaid entitlement to the service to be developed, which may be a reward, or even have no value whatsoever. It may also be that they give entitlement to a share in a project or a portion of the expected returns.

ICOs are often structured in such a way that they fall outside the scope of financial supervision. The protection offered to investors by financial regulation is therefore not applicable. There are increasingly often reports in the media about consumers investing in ICOs with money intended for later, or even with large amounts of borrowed money. They are afraid to miss the boat and hope that the price of the tokens will rise as explosively as the price of Bitcoin. The promise of high returns can, however, make investors blind to the serious risks associated with ICOs.

In combination with the recent explosive growth of ICOs, which displays all the hallmarks of a hype, these risks form a dangerous cocktail for investors. Investors run the risk of losing their entire investment. The cross-border nature of blockchain technology means that private investors around the world are able to participate in an ICO.

At the same time, the anonymous and cross-border nature of blockchain technology enables advanced forms of a traditional pyramid scheme that are difficult to recognise. The current hype of ICOs thus forms an ideal opportunity for fraudsters to take advantage of investors who are afraid to miss the boat. There have been several examples of fraudulent ICOs outside the Netherlands, and the AFM has serious concerns regarding the risk that investors in the Netherlands could be misled.

Many investors let themselves be tempted by the promise of tremendous returns, but they are not sufficiently aware that this is a development that is still very much in its infancy. As with the Internet bubble at the beginning of the century, the promise of new business models enabled by new technology — in this case blockchain technology — generates the risk of overoptimistic expectations.

It is very likely that these expectations will not be realised. The reality is that the projects in an ICO are in a very early stage of development, meaning that it is highly uncertain whether the promised plans can be realised.

And even if they are realised, there is a high risk that the ultimate value of the product or service will be far too low in comparison to the amount invested. Furthermore, the underlying blockchain technology is itself still in the development phase, meaning that there are real risks of errors in the code or theft of the tokens.

This could lead to permanent loss of the tokens, or access to the tokens. Until recently, investing in start-ups was restricted mostly to professional parties with specialist knowledge and experience. Blockchain technology, however, enables start-ups to obtain financing through an ICO from anyone with an Internet connection and a digital wallet.

Most retail investors underestimate the specialist knowledge and expertise needed to be able to make a well-informed decision regarding this kind of investment. Without this expertise and in-depth knowledge of blockchain technology, it is virtually impossible to distinguish viable business models from projects with little or no added value. The providers of ICOs are often not transparent when it comes to the information they provide to investors.

Essential and basic information such as the risks of the project, the rights of the holder of the tokens, or how the financing will be used is described in very summary terms or even not at all. Without this kind of information, it is almost impossible for investors to assess the true value of an ICO and to distinguish bona fide ICOs from fraudulent projects. This lack of transparency is also an obstacle to efficient pricing of the tokens. They are investing in the hope of being able to sell their tokens quickly at a higher price.

This highly speculative feature of ICOs is contributing to very high volatility in the prices of tokens traded on specialist trading platforms. These platforms are not subject to financial supervision. Daily price fluctuations of tens or even hundreds of percentage points are not unusual.

The tradability of many tokens is moreover limited, meaning that it is relatively simple for malicious parties to manipulate prices. There is little or no possibility of tracing transactions in cryptos, including tokens in an ICO, to natural persons due to their decentralised and anonymous nature.

In addition, large amounts of money can be raised through ICOs in a short period of time. This makes ICOs an attractive vehicle for laundering criminal money.

Services relating to ICOs or cryptos by financial institutions can therefore quickly create a serious conflict with the statutory requirements for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. Blockchain technology is based on the principle of openness and a decentralised system.

A blockchain consists of a network of computers that are not exclusively owned by a single participant. Using algorithms, all the participants in the network decide which information such as transactions executed via the network is valid and which is not. All the participants in the network thus possess the same information in the blockchain at any one time, in the form of a single shared ledger. This makes it impossible for individual participants to manipulate information. There are many variants of a blockchain, of which Bitcoin is the best known application.

Many blockchains are open in nature. Anyone with access to the Internet can use such a blockchain, for example to execute transactions.

The participants in the network then verify these transactions and include the valid transactions in the blockchain. There is no clear distinction between cryptos such as Bitcoin and tokens issued via an ICO. Both terms are frequently used interchangeably. One important distinction in this context is that anyone with some understanding of programming can create and issue tokens, while cryptos such as Bitcoin are created by an algorithm with a previously determined set of rules.

Cryptographic techniques are used to regulate the creation of the units known as mining and to verify transactions on the decentralised blockchain network. The volume of units such as Bitcoins issued and how their issuance is to be regulated are thus determined in advance.

This requires a lot of computing power. The transactions in Bitcoins are recorded in these blocks. The block is then added to the existing chain of blocks. Since every participant in the network has a copy of this chain, it is impossible to interfere with the transactions recorded in the blocks.

Digital tokens, on the other hand, are units that are often created on an existing blockchain. The designer of the tokens can decide how many tokens they wish to create, and which other functionalities will be added to the token. Most of the recent ICOs concern digital tokens issued on the Ethereum blockchain. The Ethereum blockchain was designed specifically for this purpose. In both these situations, the AFM is warning against a hype that can lead to rash investment decisions. The risks mentioned are similar, but they are more serious in the case of ICOs, due to the ease with which issuers can raise large amounts of money in a short space of time.

There have, for instance, been ICOs that have raised millions of euros in a fraction of hours, minutes and even seconds. This means that the risks associated with ICOs are even more serious than those associated with virtual currency.

Given these circumstances, the AFM does not consider ICOs to be suitable for retail investors at this point in time, regardless of whether they invest with borrowed money or money that they cannot afford to lose. This is a separate consideration from the risks associated with cryptos that the AFM has mentioned previously. Most ICOs are intentionally structured in such a way so that they are not covered by the Wft and therefore are not subject to supervision by the AFM.

Only under certain circumstances, depending on the structuring of the tokens, there can be activities that fall under the scope of the Wft. This may be the case if the tokens represent a share in the project or give entitlement to a part of the future returns.

The AFM has issued warnings in relation to the hype surrounding cryptos and ICOs, which in combination with the above-mentioned risks could lead to serious disappointments for investors. Investors may lose their entire investment. Because the transactions are anonymous, malicious parties can use ICOs to defraud investors. There is also the danger that investors have excessive expectations.

The AFM currently considers these risks to be serious enough that it believes that ICOs not subject to financial supervision are not appropriate for retail investors at this time. Most tokens can be structured, for instance in the form of a prepaid entitlement to a future service of the issuer, so that they fall outside the scope of the Wft. One exception to this is if the token for instance represents a share in the project or if the token gives entitlement to part of the future returns from the project.

In these circumstances the token may qualify as a security or a unit in a collective investment scheme as defined in the Wft.

The AFM assesses each case separately to determine whether the Wft applies and will closely supervise whether or not the Wft might apply. Potential issuers need to properly analyse the extent of any overlap with financial regulation and supervision before launching their ICO.

In line with the definition in this Section, it is important to establish the extent to which the token qualifies as a negotiable instrument that is equivalent to a negotiable share or other negotiable instrument or an instrument equivalent to a right. A token may also qualify as a security if it represents a negotiable bond or other negotiable debt instrument.

A token additionally qualifies as a security if a share or bond can be acquired through the exercise of the rights attached to a token or through conversion of these rights. Lastly, a token meets the definition of a security if it is a negotiable security that can be settled in cash, where the amount to be settled depends on an index or other measure. This payment must correspond to the return achieved with the invested capital.

Any controlling rights are not decisive in this respect. The AFM moreover uses a wide and economic approach for the term negotiability. If the tokens qualify as a security, a prospectus approved by the AFM is compulsory — to the extent that no exception or exemption applies. Further information is available on the AFM website.

In any case, investment firms facilitating trading in such securities must observe the requirements with respect to the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. An ICO is subject to financial supervision if it concerns the management and offering of units in a collective investment scheme. This is the case if an issuer of an ICO raises capital from investors in order to invest this capital in accordance with a certain investment policy in the interests of those investors.



How to buy ICO tokens?

Company Filings. Companies and individuals are increasingly considering initial coin offerings ICOs as a way to raise capital or participate in investment opportunities. While these digital assets and the technology behind them may present a new and efficient means for carrying out financial transactions, they also bring increased risk of fraud and manipulation because the markets for these assets are less regulated than traditional capital markets. ICOs that are securities most likely need to be registered with the SEC or fall under an exemption to registration. While some ICOs may be attempts at honest investment opportunities, many may be frauds, separating you from your hard-earned money with promises of guaranteed returns and future fortunes. They may also present substantial risks for loss or manipulation, including through hacking, with little recourse for victims after-the-fact.

Ethereum's ICO was one of the first real success stories using this out on the token offering have an opportunity to purchase the coins.

Initial Coin Offering (ICO), a crypto currency fundraising

Initial Coin Offerings on Ethereum. Initial Coin Offerings launched a new generation of blockchain projects that have significantly shaped both Ethereum and the wider crypto ecosystem. By Cryptopedia Staff. An Initial Coin Offering ICO , also known as a token sale, is an asset distribution methodology that involves selling digital assets to raise funds for a blockchain-based project. The explosive growth of token sales helped to accelerate the adoption of Ethereum and cemented its place as a key value player in the crypto ecosystem. This popular form of crowdfunding — the selling of tokens to fund the development and launch of a blockchain protocol or decentralized application dApp — mainly utilized the Ethereum network and raised billions of dollars for an array of projects. ICOs ultimately launched a new generation of blockchain projects that have significantly shaped both Ethereum and the wider crypto ecosystem. ICOs allow companies in the crypto space to raise capital and fund development without having to go through the arduous and regulation-intensive process of a traditional IPO.


Raising Capital through an ICO (Initial Coin Offering)

ico cryptocurrency buy

On 3 July , the FSC, by issuing a ruling, officially designated cryptocurrencies with the nature of securities, i. According to the Ruling, security tokens refer to those that:. Please see the below summary of certain key provisions of the STO regulations i. There is currently no regulation specifically governing the taxation of cryptocurrencies; however, by referring to the tax laws and tax rulings in connection with the taxation of cross-border e-commerce transactions and online sales of services, it is possible that the tax authorities might take the following stances. The trading of cryptocurrencies on a platform within Taiwan may be deemed a sale of services within Taiwan and thus be subject to Taiwan business tax as follows:.

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With the increased usage of cryptocurrencies, the way new companies gain the capital they need is changing. While it is a bit of a nebulous area, various countries are beginning to implement new laws to govern the transactions made using cryptocurrencies. If you are a startup looking to make an ICO, the legal expertise at Hart David Carson, will be of invaluable assistance in your endeavor. We can help you determine the viability of your offering and structure the transaction in a way that is both legally compliant and financially sound. Regulators are constantly striving to apply various rules to ICOs. Since they bear so much resemblance to IPOs and securities, laws applying to securities and other forms of financial trading are being used more frequently to regulate ICOs made by new companies.

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Crypto: What to look out for before investing in an ICO (initial coin offering)

We use cookies and other tracking technologies to improve your browsing experience on our site, show personalized content and targeted ads, analyze site traffic, and understand where our audiences come from. To learn more or opt-out, read our Cookie Policy. And some cryptocurrencies are pure frauds. The losers are ill-informed buyers caught up in the spiral of greed.


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