Blockchain lawyers
China blockchain network adheres to & quot; Overview the situation and trends of blockchain, gather the business strategy of blockchain, spread the hot information of blockchain, and show the rich value of blockchain; It relies on world authoritative institutions (China social and economic decision making Advisory Committee, China social and economic decision making Advisory Center, China Market Research Center and China Market Research Center) to study, judge and make decisions on the blockchain. The operating institutions cooperate with the people's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission, China Insurance Regulatory Commission, top 10 commercial banks, top 10 law firms, top 10 law firms, top 10 commercial banks, top 10 law firms The top ten accounting firms, top ten intellectual property companies, China professional credit platform and more than 100 Internet and financial research institutions of relevant national ministries and commissions have cooperated to absorb the authoritative views of 650 well-known experts and scholars from 200 key universities at home and abroad, and have more than 2000 excellent editors and 500 national Internet technology backbone special contributors to provide first-line information. Its authority, foresight, comprehensiveness, strategy, authenticity and practicability have been recognized by the global market, making China's blockchain network unique in the global blockchain field
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China blockchain network is a large-scale comprehensive media organization officially approved by relevant state departments to release financial and economic information. The website was jointly organized by China Enterprise News Watch, 28 financial institutions, 36 colleges and universities, 200 business associations and more than 100 world-famous media in 2012. It is now undertaken by Zhongcheng Cultural Media Co., Ltd. and is the world's largest blockchain portal
China blockchain network adheres to & quot; Overview the situation and trends of blockchain, gather the business strategy of blockchain, spread the hot information of blockchain, and show the rich value of blockchain; It relies on world authoritative institutions (China social and economic decision making Advisory Committee, China social and economic decision making Advisory Center, China Market Research Center and China Market Research Center) to study, judge and make decisions on the blockchain. The operating institutions cooperate with the people's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission, China Insurance Regulatory Commission, top 10 commercial banks, top 10 law firms, top 10 law firms, top 10 commercial banks, top 10 law firms The top ten accounting firms, top ten intellectual property companies, China professional credit platform and more than 100 Internet and financial research institutions of relevant national ministries and commissions have cooperated to absorb the authoritative views of 650 well-known experts and scholars from 200 key universities at home and abroad, and have more than 2000 excellent editors and 500 national Internet technology backbone special contributors to provide first-line information. Its authority, foresight, comprehensiveness, strategy, authenticity and practicability have been recognized by the global market, making China's blockchain network unique in the global blockchain field
the & quot; Chain network, chain weekly, chain research report, finance and economics, news, banking, legal system, securities, futures, finance, finance, intellectual property, digital currency, financial management, credit and culture; And other important columns are famous all over the world. All kinds of dynamic information broadcasted daily is directly connected to financial institutions, central banks, China Banking Regulatory Commission, China Insurance Regulatory Commission, China Securities Regulatory Commission, commercial banks, Internet of things enterprises, law firms, financial companies, etc. all over the world. It is a link and bridge for blockchain to communicate and cooperate with all walks of life<
major activities such as "China small and medium sized enterprises investment and Development Forum" and "International Cultural Instry Investment Fair" sponsored and co sponsored by China blockchain network are well-known at home and abroad
the tenet of China blockchain network is to connect with the world, serve the world, run the network with integrity and keep pace with the world
Finance, news, banking, legal system, securities, futures, marketing, financial management, Culture & quot; And other important columns are famous all over the world. All kinds of dynamic information broadcasted daily is directly connected to financial institutions, central banks, China Banking Regulatory Commission, China Insurance Regulatory Commission, China Securities Regulatory Commission, commercial banks, policy banks, joint-stock banks and rural credit cooperatives all over the world, which is the link and bridge of communication and cooperation between blockchain and all sectors of society<
major activities such as "China small and medium sized enterprises investment and Development Forum" and "International Cultural Instry Investment Fair" sponsored and co sponsored by China blockchain network are well-known at home and abroad
the tenet of China blockchain network is to connect with the world, serve the world, run the network with integrity and keep pace with the world
China blockchain network: the leader of global blockchain
China blockchain network: the largest information exchange platform of global blockchain
Blockchain is a new technology, not a disguised form of MLM. It is just claimed by many MLM organizations as "blockchain". In fact, there is no technology. It's just a practice of MLM under the name of "blockchain". The state has issued several announcements to crack down on this kind of MLM. The following is the Xinhua news report on MLM of blockchain:
blockchain is not equal to virtual currency, but also has security risks. Behind the popularity, there is exaggeration with "ulterior motives". Only by removing the flashiness, can the blockchain return to its real application value
invest 80000 yuan, change to 800000 yuan after three months? Shenzhen police cracked a huge fund-raising fraud. Under the guise of blockchain concept and 10 times income, thousands of investors were deeply involved in the case, involving up to 307 million yuan. Under the "veil of mystery" of the blockchain, the illegal elements have taken advantage of their own tricks, and the blockchain has become a "signboard" of economic crimes such as fraud and pyramid selling
why is the blockchain repeatedly "misused" by illegal activities such as pyramid selling fraud? In addition to "unknown", what is the "function" of blockchain technology itself? Since the beginning of this year, with the increase of supervision and the cooling of currency speculation, new opportunities have been brought to the development of blockchain. How about the implementation of blockchain commercial "application" The reporter of outlook news weekly recently concted an investigation
when the three-month "capital release period" promised by the trading platform expired and the staff began to "kick" in the QQ group, Tang Haiyan, who lives in Bao'an District of Shenzhen City, realized that she might have been cheated
previously, Tang Haiyan invested 80000 yuan to buy a virtual currency called "ordinary silver coin" under the introction of her classmates“ The other side said that this currency is the most advanced blockchain technology at present, with Tibetan tea as collateral. He also showed me the "technical white paper". I didn't understand blockchain, so I didn't read it carefully. "
although she doesn't know about blockchain and virtual currency, the high investment income makes Tang Haiyan full of expectations. She told reporters that companies issuing "ordinary silver coins" will regularly split the virtual currency according to the ratio of 1:10, which means that each split will make the value of "ordinary silver coins" in the hands of investors expand 10 times. As long as after a split, her investment of 80000 yuan is equivalent to the purchase of 800000 yuan worth of "ordinary silver coins", which can be sold on the trading platform to obtain huge profits
according to the rules of the trading platform, the newly purchased "ordinary silver coin" cannot be traded immediately, and it must be frozen on the platform for three months before it can enter the "release period". However, after three months, not only did Tang Haiyan not wait for the assets to double, but the 80000 yuan frozen on the platform could not be used for trading
"other investors began to question the authenticity of this investment in QQ group. As a result, the staff of the company kicked these investors out one by one, which made me feel bad." She said
The fact also proves Tang HaiYan's intuition. At the end of March 2018, Shenzhen police detected a huge fund-raising fraud, with the amount of fraud funds as high as 307 million yuan. In this case, Shenzhen Puyin blockchain Group Co., Ltd. involved in the case issued virtual currency in the mode of "blockchain + Tibetan tea" to obtain public deposits. Tang Haiyan was one of the thousands of victimsShenzhen police investigation found that the company claimed that investors could buy and sell "ordinary silver coins" on the virtual trading platform "jucoin net" to earn a price difference
. In fact, the change of its trading price is that the company used investors' investment funds for behind the scenes operation, and once raised the price of "ordinary silver coin" from 0.5 yuan to 10 yuan, so that investors can taste some sweetness. When a large number of investors entered the market, the company continued to cash out through malicious manipulation of the price trend of "ordinary silver coin", which eventually led to the worthlessness of "ordinary silver coin" in the hands of investors
since 2018, engaging in fraud and pyramid selling under the banner of blockchain has become a common "routine" in new criminal tactics. In April 2018, Jinan police dropped a pyramid selling Gang under the guise of "western development", "national poverty alleviation", "original stocks", "blockchain" and "e-commerce", arrested more than 10 major suspects, frozen more than 100 accounts involved, and seized more than 300 million yuan of funds involved
according to Jinan police, huileyi e-commerce company designed a fake virtual disk on the Internet on the ground that the country is vigorously developing the big data instry, and released a variety of virtual currencies such as "precious currency" and "precious currency"
under the guise of giving away, they presented a certain amount of virtual currency to the New MLM staff, with the price of tens of yuan each. Then, through artificial manipulation, they appreciated the virtual currency all the way to more than 100 yuan or even hundreds of yuan, attracting people who did not know the truth to join. Finally, they "cut leeks" through the periodic fluctuation of the so-called "devaluation" of virtual currency, Finally, the purpose of seeking illegal interests is achieved
in Xi'an, a few days ago, the local police successfully cracked a huge network pyramid selling case under the banner of blockchain. According to the police, the suspect, Zheng Mou, has paid a high salary to the 9 network members, such as Zhang and Lee. Since March 28, 2018, he has gathered pyramid selling and network pyramid selling as a means to sell the virtual Datang coins at the consumption era network platform at the price of 3 yuan each, and manipulate the appreciation rate; p>
at the same time, promotion meetings were held in many cities at home and abroad to attract members. According to the development of members, 28 level agents were set up. In just 18 days, the gang developed more than 13000 registered members. At present, it has been found that the case involves 31 provinces, cities and autonomous regions in China, and the fund involved is as high as 86 million yuan
according to Tencent's 2017 pyramid selling situation awareness white paper released by Tencent security joint laboratory, in recent years, all kinds of overseas capital disk, virtual currency and ICO (initial public offering token financing of blockchain project) projects have emerged in an endless stream, which hide many risks such as illegal issuance, untrue projects, cross-border money laundering, fraud and pyramid selling, As a result, a large number of funds flow overseas. Once the market collapses, runs away or loses contact, investors often have no way to complain and the losses are difficult to recover. For example, Baichuan coin, mark coin, beta coin, dark coin, etc
the reporter of lookout Newsweek interviewed in Guangdong, Shandong, Shanghai and other places and learned that most people know that the concept of blockchain is very popular, but they "don't know where it is", and there are different opinions on the specific functions of blockchain: some people think it is used for "investment and financing", "buying and selling currency", while others think it is "a major invention of the same magnitude as the steam engine", Some entrepreneurs are even more eager to seize this "once-in-a-lifetime opportunity to get rich."
many people in the instry said that it is precisely because people have many misunderstandings about blockchain that criminals have opportunities to fish in troubled waters and mislead investors
First, blockchain is not equal to virtual currency. By the end of last year, the number of domestic ICO participants and the total volume of transactions have doubled, a large number of digital currency exchanges have fled overseas, and the agent investment mode has involved more ordinary people in high-risk investmentin many instries, we media and celebrities form interest alliances with issuers and digital exchanges to endorse and create public opinion for the "air currency" project. In December last year, nine departments including the people's Bank of China identified ICO as "suspected of illegal fund-raising, financial fraud, pyramid selling and other illegal and criminal activities"
in the interview, many people told our reporter that the existence of token has built a set of rights and interests mechanism for the development of blockchain technology, which is indispensable for stimulating the prosperity of blockchain applications“ The market practice in the past five years has proved that blockchain applications without equity mechanism are just like market economy without computers connected to the Internet and money, with greatly reced application scenarios and development speed. " An investor in Shanghai said
in fact, the token represented by bitcoin is only one of the earliest procts to verify the blockchain technology, and the two can not be equated, and the existence of token has obviously negative effects on the development of blockchain
Xiao Wei, chief engineer of network blockchain, told this reporter that the myth of ICO's sudden wealth shakes the R & D concentration of blockchain technical talents, and the myth of "sudden wealth" with hundreds of times of return tests the patience of blockchain technical R & D talents“ Many of the "comrades in arms" in the circle who used to do research and development of blockchain technology have gone to issue coins, and now few of them can insist on doing research and development and application of technology. "
Xu zewei, Secretary of the Party committee of Beijing Internet Finance Instry Association, said that under the background of China's ban on ICO, many domestic start-ups promoting blockchain applications are "selling dog meat with sheep's pawn" and financing through concept packaging of worthless tokens“ ICO has polluted the good atmosphere of innovation and entrepreneurship, and created a kind of speculative proct. Many young people are not thinking about entrepreneurship, but are thinking about issuing money, which makes us have the illusion of getting rich overnight. "
at present, more and more people in the instry begin to think about whether the development of blockchain must rely on the issuance of tokens to achieve incentives. Guo Dagang, Secretary General of Beijing Internet Finance Instry Association, told this reporter that the so-called incentive mechanism is only the theoretical basis for the project party to issue tokens for itself. Huo Xuewen, director of Beijing Municipal Bureau of financial work, also believes that if blockchain does not get rid of the dilemma of issuing currency, it will never find a legal landing mechanism
secondly, blockchain is not omnipotent and its security is at risk. Blockchain is generally considered to achieve three functions:
first, the data stored on the blockchain can not be tampered or forged, and the data has high credibility and credibility; Second, the whole process of the transaction can be traced, which can achieve accurate responsibility tracking; Third, the embedded smart contract in the blockchain can be executed automatically based on the contract, so as to improve work efficiency and rece the risk of default. It is generally believed that blockchain has broad application prospects in finance, logistics, trade and other fields
in fact, blockchain is not omnipotent, and its function has many limitations. It is generally believed that, according to the characteristics of cryptography, in order to tamper or falsify in the blockchain, more than 51% of the nodes need to be controlled in theory. When there are enough nodes in the blockchain, it is difficult to tamper with the trust creation mechanism widely participated by the public
However, in reality, digital currency exchanges are frequently attacked or even stolen. On June 20, 2018, bithumb exchange of South Korea announced on its official website that the exchange had been attacked by hackers and stolen 35 billion won, about 32 million US dollars of cryptocurrency Ji Xinhua, known as the first generation of "hackers" in China, said that the blockchain will continue to face attacks, and the process of uploading data to the blockchain is prone to information leakage. Some people in the instry worry that once the super computing power of quantum computing is realized, it will also have a direct impact on the blockchainZhao Yao, a special researcher of the Institute of finance of the Chinese Academy of Social Sciences, told this reporter that the academic community has confirmed as early as 2013 that the blockchain is not perfect and there are many "cheating" strategies. As long as there are enough economic incentives, controlling attacks of more than 51% nodes does not only exist in theory
Zeng Guang, Secretary General of Shenzhen Internet Finance Association, said that the blockchain technology itself does not have the ability to do so
Blockchain project compliance generally chooses to register an overseas framework, and then the local lawyer will issue a legal compliance opinion to prove that the project conforms to the laws of the host country. The main body in the market is the Singapore foundation, and this legal opinion is also issued by a local licensed lawyer in Singapore
The legal opinions can be divided into two categories:1. For the project, the legal opinions issued by the well-known exchanges of Shanghuo coin, OK and coin an, and the legal compliance opinions issued by the well-known lawyers of the designated Singapore law firm
2. Ordinary legal opinions are issued by ordinary licensed law firms in Singapore for these mainstream exchanges
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information required for issuing legal compliance opinions:
1. Chinese and English version of project white paper (word document)
2. Information of directors
3. Information of main Singapore foundation
registration certificate
articles of association
registration paper
Singapore is friendly to blockchain projects and has perfect follow-up legal services, This legal compliance opinion can be issued. It can't be issued in other places. The role of legal opinions in Singapore is relatively large. After all, the cost of processing is much cheaper than the cost of licensing, so it is very attractive for domestic project parties
the current blockchain project compliance is divided into two sections:
first, blockchain coin issuing project compliance: Foundation + legal compliance opinion
often referred to as ICO, IEO, etc. first of all, we build overseas entities. Generally speaking, most coin issuing entities choose Singapore foundation. It is a non-profit company in the form of XX Foundation Ltd. Finally, a legal compliance opinion is issued by a Singapore lawyer. The content of the legal opinion includes the amendment of a white paper and the token non securitization certificate, which is mainly to make the project comply with the laws of Singapore. This legal opinion is also needed for the later docking of the project with the currency on the exchange< Second, blockchain exchange project compliance: subject company + digital currency trading license:
license is one of the important compliance documents of the platform. It is equivalent to a business license. In particular, after Huoyuan won the Japanese license, the US license and applied for the Canadian license, the license was pushed to a new height. Obtaining the US MSB license also means that the company can reasonably conct business in most states of the United States. This is the reason why the major platforms have started to apply for licenses. If they want to carry out business formally and legally, they have to apply for licenses
for example: MSB digital currency exchange license in the United States, MTR digital currency + Wallet al license in Estonia, austrac digital currency license in Australia, etc
the role of MSB license in the United States:
1. American MSB license is famous, packaging platform and good publicity
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3. It can increase the trust of customers, enhance their visibility, and make the platform develop better and faster in compliance
advantages of MSB license
1. Investor recognition - Corporate Law and financial instry regulation in the United States are very perfect. With a U.S. license, your digital currency trading platform will be more recognized by global investors
2. Get authoritative approval - with the authoritative approval of the U.S. Treasury Department, you can carry out relevant business in the United States and around the world, which represents the compliance supervision of digital currency platform
3. Become a first-line platform -- MSB license is also a standard license for global digital currency trading institutions. Coinbase, bitfinex, poloiex, hotcoin.com, OK, coin security exchange and other platforms all hold this license to operate
4. Diversified services - MSB license allows currency exchange and delivery services, so that you can better meet customer needs and provide more diversified services
why is the license so important for the trading platform? First of all, people in the traditional foreign exchange circle know that the foreign exchange platform has the importance of supervising the license. Even such a traditional mode will create a future trading platform. Therefore, the license plate is bound to become a trend of development
what is a legal opinion? In fact, legal opinions are a general term. They actually include four aspects
1. White paper compliance
2. Token non securitization certification compliance
3. Private placement terms compliance
4. Public offering compliance
mainly focuses on these four aspects
efforts should be made to solve the problem of "difficulty in adcing evidence". We should make full use of the rules of the distribution and transfer of the burden of proof, the presumption of the obstruction of proof, and the order of providing documents, so as to reasonably rece the difficulty of the obligee's proof. We should strengthen evidence preservation, investigate and collect evidence in accordance with their functions and powers, actively implement the system of lawyers' investigation orders, and punish illegal acts that do not cooperate with investigation and evidence collection according to law. We should improve the identification rules of electronic evidence such as third-party electronic evidence, and guide the parties to widely use blockchain and other technical means to obtain, fix and deposit evidence
in the Internet era, blockchain is naturally applicable to intellectual property because of its decentralized, distributed storage, encryption and traceability, which can effectively solve the problems of intellectual property, such as easy to , hard to fix and hard to recover. At present, it has been widely used in the field of intellectual property and recognized by the judiciary. In the process of intellectual property rights protection, it is the core and key to prove the authenticity of the evidence and be accepted by the court. Yibaoquan's brand micro right is a domestic blockchain information service filing enterprise of the state network information office. It is the first to create the mode of "blockchain + justice + intellectual property protection", providing one-stop services such as work confirmation, infringement monitoring, network forensics, verification and proof. Through sha-512 hash algorithm, time stamp service and pbft consensus algorithm, the original data is encrypted, and the unique corresponding digital fingerprint is generated from the subject, time, process and content of the certificate, which is encrypted and stored on the blockchain to effectively guarantee the integrity and originality of the certificate data. Users can check the source of blockchain online through the official websites of notary office, Arbitration Commission, Capital Intellectual Property Association, etc. they can also directly scan the QR code on the certificate and directly show the evidence of blockchain to the judge in court. Even if the infringer has already deleted the infringing content, it can not be repudiated. At present, the evidence of blockchain storage and forensics provided by micro right has been publicized and accepted by court officials in many parts of the country, and has been listed in typical blockchain cases for many times,
with a legal opinion, the main body of your foundation is not "streaking".