Legal services of blockchain

1.

blockchain itself is not illegal, but if it is used illegally, it is illegal

Li Bin, deputy director of Chongqing big data application and development administration, said that as a disruptive innovative frontier technology in the field of big data intelligence, the Chongqing municipal government attaches great importance to active layout, and the municipal government and Yuzhong District Government jointly build a blockchain base. In the second half of last year, the government issued the opinions on accelerating the cultivation and innovative application of blockchain instry, It has officially launched the construction of a place for strategic innovation of blockchain

while actively encouraging the technological progress and instrial development of blockchain, we will resolutely prohibit the illegal use of blockchain technology in accordance with the requirements of relevant national policies

at present, China's blockchain technology and application continue to innovate, and are graally applied in supply chain finance, credit reference, proct traceability and other fields, with huge development space. As a new technology, if blockchain wants to realize large-scale practical application, it must strengthen the cooperation of instry, University, research and application, and promote the continuous development and maturity of technology and application

since 2017, the development of blockchain technology has aroused the deep concern of the government, enterprises and other sectors. Because of its decentralized, tamperable and traceable characteristics, blockchain attracts investors to add weight to this new technology field. For the previous hot speculation of blockchain technology, the cognition of it and investment circles has become increasingly rational

extended data

"Regulations on the management of blockchain information services (Draft)"

Article 9 blockchain information service providers and users shall not use blockchain information services to engage in activities that are prohibited by laws and regulations, such as endangering national security, disrupting social order, and infringing the legitimate rights and interests of others, and shall not use blockchain information services to proce and use blockchain information services Copy, publish and disseminate information prohibited by laws and regulations

Article 13 a blockchain information service provider shall, as the case may be, take such measures as warning, limiting functions, closing account numbers, etc. for users of blockchain information services who violate laws, regulations and service agreements, so as to timely eliminate illegal information, prevent information diffusion, keep relevant records, and report to relevant competent authorities

Article 18 If a blockchain information service provider, in violation of the provisions of Article 9 of these Provisions, makes, copies, publishes and disseminates information content prohibited by laws, regulations and relevant national regulations, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall give a warning and order it to correct within a time limit according to law

if the circumstances are serious or refuse to correct, the service shall be ordered to suspend, and a fine of not less than 5000 yuan but not more than 30000 yuan shall be imposed, until the relevant departments close the service according to law. If a crime is constituted, criminal responsibility shall be investigated according to law

If a blockchain information service user violates the provisions of Article 9 of these provisions and makes, copies, publishes and disseminates information content prohibited by laws and regulations and relevant national regulations, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall deal with it in accordance with relevant laws and administrative regulations

Article 19 If a blockchain information service provider violates the provisions of Article 6 of these provisions and fails to mark its record number on its network platform, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall order it to make corrections within a time limit according to its ties, and if it refuses to make corrections, it shall be given a warning and fined not less than 5000 yuan but not more than 10000 yuan

Article 20 If a blockchain information service provider violates the provisions of paragraph 1 of Article 4 of these provisions and fails to go through the filing proceres in accordance with these Provisions, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall order it to make corrections within a time limit according to its ties, and if it refuses to make corrections or if the circumstances are serious, it shall be given a warning and fined not less than 10000 yuan but not more than 30000 yuan

Article 21 if the blockchain information service provided by the blockchain information service provider has potential information security risks, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall, according to its ties, order it to rectify and suspend the service within a time limit, and continue to provide information services until it meets the relevant requirements of laws and regulations and national mandatory standards after rectification

if the blockchain information service provider violates the provisions of Article 4, paragraph 2, Article 8, Article 11, Article 12, Article 15 and Article 16 of these Provisions, the state and local Internet Information Office shall give a warning and order it to correct within a time limit according to its ties; If the circumstances are serious or if he refuses to make corrections, he shall be ordered to suspend service and be fined not less than 5000 yuan but not more than 30000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law

if the blockchain information service provider violates the provisions of Articles 10, 13 and 14 of these Provisions, it shall be handled by the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government in accordance with the provisions of the network security law of the people's Republic of China

2.

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

3. With the development of blockchain, there are more and more ICO projects and exchanges in the blockchain instry. How should so many projects develop in compliance
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
2
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

4. Domestic blockchain projects are still relatively conservative. Blockchain projects always involve a derivative instry, that is, digital currency transactions. If domestic projects are not allowed, what should we do? You can register a non-profit foundation in Singapore and add relevant legal opinions to prove that the project you are doing does not violate the current laws and regulations of Singapore, such as Biyuan chain and Leyte coin

after registering the main body of the foundation, we still need to do later legal compliance, the main purpose is to draw a clear line between law and crime, but I said it doesn't count. Because digital token is indispensable for blockchain. To put it bluntly, digital currency drives the popularization of blockchain in China, but what's the fact? Digital currency is just a small application of blockchain technology

e to the particularity of the instry, At present, there are no formal laws and regulations to restrict its development, involving a wide range of violations:
pyramid selling
illegal fund-raising
money laundering
absorbing public deposits
illegal operation
transnational foreign exchange crimes
providing more convenience for terrorist financing

therefore, different countries in the world have different attitudes towards blockchain, and China is explicitly prohibited, So we all go overseas to develop projects, such as Singapore and Thailand. First, the local laws and regulations are required. Who has the final say in the matter of whether the project is legal? There are two ways: to apply for a formal digital transaction license or to rely on a legal opinion issued by a lawyer. At present, the latter is in the majority, easy to operate and low cost.

5. Blockchain + intellectual property protection is mainly to record the creation of intellectual property on the blockchain, and the holder can directly transfer the right to use intellectual property on the blockchain, which can eliminate many unnecessary process problems and save a lot of time and legal costs. You can pay attention to the public service platform of SMIC blockchain. What they do is blockchain + intellectual property protection, and the project has been implemented.

6. December 29 news, bitcoin is undoubtedly a hot topic this year, but surprisingly, although the value of bitcoin has soared in the past few weeks, but the billionaire Warren Buffett is not interested in bitcoin. Recently, Buffett finally talked about bitcoin. He said that he did not care about this proct because it is an asset that will not proce value
when talking about bitcoin, Buffett made it clear that "I can't value bitcoin because it's not an asset that generates value."
bitcoin, as a popular proct for investment, is also one of the three mainstream currencies. It has not only attracted the attention of the capital market, but also been targeted by the regulatory authorities of many countries. Israeli regulators announced this week that they would ban companies trading bitcoin from listing on the Tel Aviv Stock Exchange, and that companies already listed would also be delisted
it is understood that the reason why the Israeli regulatory authorities will take such measures is that recently many Israeli companies hope that they can join the bitcoin transaction. In an interview, Shmuel Hauser, director of the Israel securities regulatory agency, said that bitcoin seemed more like a bubble to him and could collapse at any time.
although bitcoin is not recognized, blockchain, as the underlying application of bitcoin, is a characteristic database. Based on this database, adding other applications and forming new procts will greatly surpass the existing Internet and database
blockchain is known as a black technology leading to the future Internet and a disruptive technology. The first wave of application has been set off in the financial field, which contains the idea of decentralization and the characteristics of distributed ledger, so that the blockchain has made more and more achievements in the financial instry, service-oriented instry and intelligent instry, and the value Internet is no longer just a fantasy.

7. 1. Singapore has a sandbox mechanism, that is, as long as any fintech company registered in sandbox is allowed to engage in business that conflicts with the current laws and regulations with prior reporting. And even if the relevant business is terminated by the official in the future, it will not pursue the relevant legal responsibility“ Sandbox "is not a specific policy for blockchain. It targets all fintech enterprises, and blockchain is naturally one of them. From this policy, we can see that Singapore and Gabor support and tolerate the exploration of blockchain technology application by "private" forces
2. Ubin is a project led by the Singaporean government and integrated with the instry to explore the application of DLT in payment and securities settlement. It can be seen that the Singapore government is actively exploring the practical application of blockchain technology in finance
3. In the early stage, some well-known projects registered foundations in Singapore, which played a guiding role Singapore has always supported the development of blockchain technology with good environment and perfect follow-up services, which is concive to the rapid development of blockchain technology
5. Singapore foundation is non-profit, which is very suitable for the decentralized nature of blockchain
6. Singapore is close to China, so it is convenient to come and go. Many of the projects are operated in Singapore
7. In the later stage, the legal services were improved, and the Singapore registered foundation was chosen as the main body of the project. In the later stage, the exchange's white paper and legal compliance are also focused on the Singapore foundation
for Singapore foundation registration, it is enough to provide a foundation name and two directors' information, and the registration time is generally about 15 working days. In the later stage, the legal opinion issued by the exchange requires the company documents, directors' information and project white paper (English version) of the main company, namely the Singapore foundation. The processing time is generally about 2 weeks

8. In the whole life cycle of electronic data generation, collection, transmission and storage, blockchain technology can provide security protection for electronic data, prevent tampering, and use blockchain technology to store and issue electronic evidence, which is the basis of the application of blockchain technology in the legal field. For details, please pay attention to the official number "SMIC blockchain service platform"

9. What do you want to ask? How to make a legal opinion? Take Singapore as an example: to make a legal opinion, you need four materials: registration certificate, registration paper, articles of association and English version of white paper.