Security Token Offerings
Tokens are increasingly used as a digital representation of real word assets and traditional securities, such as real estate stakes, bonds or shares. LBC specializes in the legal challenges arising from tokenization, and helps ensure complete legal compliance with financial law, securities law, and KYC/AML compliance.
Initial Coin Offerings (ICOs)
LBC can provide legal assistance to ICO issuers every step of the way: from ensuring compliance with securities regimes worldwide to implementing a suitable legal structure and the contracting of the ICO. First however, the token’s design and the issuer’s rationale for the ICO have to make sense first.
LBC offers a broad range of consultancy services, with a focus on the interaction between the use of blockchain and KYC/AML compliance, securities laws, privacy and data regulations, electronic money regulations, banking and payment services laws. LBC moreover specializes in the interaction between smart contracts and contract law.
Traditional law firms face difficulties in understanding distributed ledger technologies and the legal challenges that can arise in connection with the use thereof. As a dedicated blockchain lawyer, I understand these challenges and help startups and SMEs deal with them. Personally, I believe that, in this area, effective legal compliance is only achieved through a combination of both legal and technical expertise.
LBC builds personal relationships with its clients, with direct communication via Whatsapp, Telegram or Slack. Waiting a week or two for a response on an email with a simple legal question is rediculous!
LBC is not interested in just billing you by the hour like law firms do. We believe in full alignment with our clients and direct involvement, which is why we are a fan of having skin in the game. We become part of your team!
Technical expertise is imperative for a good blockchain lawyer. Specialisation in both blockchain technology and the law allows LBC to give proper legal advice and ensure legal compliance. It also allows us to move at the pace of the crypto industry itself.
A good match with your blockchain lawyer is important! Get to know LBC and schedule an introductory call.
This article presents a comparative analysis of the application of US and EU securities laws to initial coin offerings (ICOs), or token sales. An extensive token taxonomy framework is proposed to categorize digital assets in order to advance a more precise discussion on the legal classification and regulation of tokens. For the US, a full analysis of the application of the Howey test to different types of tokens gives insight into classification of tokens as a security (“investment contract”) under Section 2(a)(1) of the US Securities Act of 1933 and 3(a)(10) of the Securities Exchange Act of 1934. For EU financial law, the analysis in this paper focuses on the classification of tokens as ‘transferable securities’ under Art. 4(1)(44) of MIFiD II.