Initial Coin Offerings

By Rudolf Haas and Urszula McCormack King & Wood Mallesons’

The growing number of token sales or “Initial Coin Offerings” (ICOs) has prompted the German Federal Financial Supervisory Authority (BaFin) to issue a “consumer warning” on November 9, 2017. BaFin also elaborated on its position in the November edition of its monthly “BaFin-Journal”, published on November 15. In a separate, but almost contemporaneous publication, the European Securities and Markets Authority (ESMA) also took a stance.

Overall, these were balanced statements that signalled a strong “buyer beware” message, but also implied a certain level of tolerance for properly issued ICOs. The regulators made clear that their approach is a careful case-by-case analysis.
Continue Reading German BaFin and ESMA clarify their stance on ICOs

By Scott Farrell Urszula McCormack and Stanley Zhou  King & Wood Mallesons

1. ICOs sell blockchain tokens (or coins)…

A token is an intangible asset stored on a blockchain which entitles a token holder to a bundle of rights (and possibly liabilities) set out in smart contracts and other relevant documentation (such as an offering document or a whitepaper).
Continue Reading 10 things you need to know about Initial Coin Offerings (ICOs)