National red head document forbids blockchain

1.

As of May 2020, blockchain and digital currency are illegal in China

according to the announcement of the people's Bank of China Central Network Information Office, Ministry of instry and information technology, State Administration for Instry and commerce, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission on preventing the risks of token issuance and financing, Article 2 no organization or indivial shall illegally engage in token issuance and financing activities. Organizations and indivials that have completed the token issuance and financing should make arrangements such as refund, reasonably protect the rights and interests of investors, and properly handle risks. Relevant departments will seriously investigate and deal with the activities of token issuance and financing that refuse to stop and the illegal behaviors in completed token issuance and financing projects

Article 3 strengthen the management of token financing trading platform

from the date of this announcement, any so-called token financing trading platform shall not engage in the exchange business between legal currency and token and "virtual currency", and shall not buy or sell token or "virtual currency" as a central counter party, and shall not provide pricing for token or "virtual currency" Information intermediary and other services

extension data

"illegal financial institutions and illegal financial business activities ban" stipulates that:

eleventh, the criminal suspect, funds and property involved in illegal financial institutions and illegal financial activities, and the public security organs shall take compulsory measures according to law to prevent suspect from escaping and transferring funds and property. p>

Article 12 the people's Bank of China shall, after investigation and confirmation, make a decision to ban the illegal financial institutions and financial business activities, declare them illegal, order them to stop all business activities, and make an announcement

Article 13 if the people's Bank of China discovers that a financial institution opens an account, handles settlement and provides loans for an illegal financial institution or illegal financial business activities, it shall order the financial institution to stop the relevant business activities immediately. No unit or indivial may use the relevant funds without authorization

2.

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

3. Now it has entered the era of digital currency. In recent years, digital currency is very popular. For example, blockchain is the focus of people's attention. Now more and more people begin to pay attention to blockchain. Many people are concerned about blockchain's entry into China's market. Domestic policies have not explained blockchain in detail. Many people are worried about whether blockchain is legal? Is blockchain legal in China? Xiaobian, let's explain the blockchain in detail

on April 9, 2017, Hangzhou municipal government and a company jointly set up a $10 billion xiongan global blockchain innovation fund, which can promote the development of blockchain projects. This initiative has also attracted the attention of many relevant financial people. At present, Hangzhou blockchain Instrial Park is one of the important initiatives funded and developed by the municipal government, I believe this case has also become one of the representative cases in China. Since then, more and more blockchains have developed all over the country<

at present, China has a new understanding of digital currency, analyzing the value of digital currency in essence, and relevant departments are also actively participating in the corresponding research. The central bank has set up a special research group and digital currency Research Institute, hoping to further explore the digitalization of sovereign currency. From the side, it can be seen that China has a positive attitude towards blockchain technology, and the Chinese government has repeatedly stressed the important role of blockchain technology in reshaping the global financial pattern

with the development of global economy, the Chinese government has realized the commercial development of domestic blockchain projects. From the blockchain projects invested by Hangzhou municipal government, it can be seen that more and more provinces will start to carry out blockchain projects in the future, which can promote the development of local economy

is blockchain legal in China? At present, the Chinese government is actively studying blockchain, and has carried out blockchain related projects in some provinces. Through the above introction, I believe that people should have a certain understanding of the blockchain. I believe that in the near future, there will be more and more blockchain projects, which can promote the development of domestic economy and enable more and more people to get more wealth from blockchain projects.

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 94 refers to that on September 4, 2017, the central bank, together with seven ministries and commissions, stopped the ICO event in the blockchain and defined ICO as illegal fund-raising. At the beginning, fire coin, coin an, Bitai, OK, Bitai and so on moved abroad

6.

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 project compliance: Foundation + legal compliance opinion:

in addition to Singapore, the United States and the United Kingdom have more choices. The registration fees of these two countries are low, and the registration process is simple. However, if the currency is issued by the exchange later, the United Kingdom and the United States can not provide the corresponding legal services

from the perspective of compliance in the later stage, we should choose Singapore foundation

the government of Singapore not only supports the government policy, but also stipulates that the blockchain foundation can be registered and managed by acra to obtain legal issuance projects, which will make Singapore a financial technology center and blockchain technology center in the next world with its own competitiveness. Therefore, Singapore can be said to be a paradise for blockchain entrepreneurs

advantages of registering Singapore Foundation:

first, non-profit public companies are easier to let investors trust than ordinary companies.

Second, the government supports the development of blockchain, and the policy environment is good.

third, the market is mature, and the follow-up legal services are perfect.

Fourth, excellent and well-known projects are also in Singapore: for example, Laite coin, which is better than the original chain, Fifth, the price is reasonable and cost-effective. Sixth, local lawyers in Singapore can issue relevant legal opinions according to the needs of the project parties to prove the compliance and legality of the project Ordinary companies are not allowed to issue legal opinions)

how to register the Singapore foundation and what information should be provided

1. Provide company name

2. Information of two registered members, one Singapore director, registered address in Singapore, Singapore Secretary (nominal)

3. Business scope

4. Registered capital: default 1 Singapore dollar

after the registration of the main foundation, it is not the end, but just the beginning. After the registration certificate and other documents come out, the professional lawyers of the bar association of Singapore also need to modify and issue legal opinions according to the project plan, which is commonly known as the white paper. To prove that the project is in accordance with the laws of Singapore and can carry on business normally

as we all know, it is forbidden to issue xunihuobi in our country. The legal opinion is in line with the laws of Singapore, and it depends on the legal proceres. The legal opinion can only be issued by a lawyer who meets the requirements. In addition, the white paper is in compliance. The legality of the white paper written by him cannot be guaranteed, and if he is not a lawyer, he does not understand the laws of Singapore, This is very important; Another aspect is for investors, to have legal documents to prove that the project is legal in Singapore, investors will be more assured, then they need some supporting documents

to register a foundation is only the first step, and the most important thing that needs to be done next is cooperation&# 8204; Yes,

now the bigger exchanges need you to issue legal compliance to let you go to the exchange. Therefore, the legal opinions needed to go to the exchange are actually a general term. The legal compliance actually includes several items, such as token non securitization certificate, white paper compliance, private placement terms, public offering terms, etc. Most of these exchanges will require token non securitization certification, and the white paper is equivalent to a normal business plan. After it is written, it needs professional Singapore lawyers to modify it, which is in line with Singapore's laws and regulations. Most companies on the exchange will choose to give legal opinions

the white paper has four main functions

first, it reports to MAS in Singapore, and is not afraid of being investigated in the future

Second, to convince investors that the company is legal and compliant, and to reassure investors

thirdly, it is necessary to use in the stock exchange

Fourthly, rece unnecessary investment

there is also a token filing (non securitization certificate filing), and Singapore lawyers only need to provide a white paper, articles of association, registration paper and registration certificate to prevent MAS verification of monetary authority of Singapore

Second, blockchain exchange project compliance: subject company + digital currency trading license:

as 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

2

3. It can increase the trust of customers, enhance their visibility, and also make the platform develop better and faster in compliance

advantages of MSB license

1. Investor recognition - the company law and financial instry supervision in the United States are very perfect. With the 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 the digital currency platform

3. Becoming 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 the license plate is 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 plate. Even this traditional mode will create the future trading platform. Therefore, license plate is bound to become a trend of development

7. Bonus has been temporarily frozen, suspected MLM capital chain rupture, this is a very obvious sign<
the CBRC, the Ministry of instry and information technology, the people's Bank of China and the State Administration for Instry and Commerce suggest that in recent years, in the name of "financial mutual assistance", the behavior of promising high returns and luring the public to invest funds has appeared in many places in China. Its main characteristics include: 1
first, there are many names. Common are: "XX financial mutual aid community", "XX financial mutual aid platform", "XX financial mutual aid financing", "XX charity financial mutual aid platform", "XX financial mutual aid investment", "XX mutual aid community", "XX wealth mutual aid platform", etc< Second, it develops rapidly. Relying on the Internet, through the website, blog, wechat, QQ and other platforms, the publicity has a wide range
thirdly, it is confusing. Under the banner of "overseas celebrities", some claim to "destroy the unfair world financial system, break the control of financiers, and create a community for ordinary people" as the goal. Through the establishment of the so-called "fair, just, mutually beneficial and honest financial platform for people to help others", the public can get more help by subsidizing others. At the same time, he falsely claimed that "after market test, he has been mature in many countries for many years, and has hundreds of millions of members in the world" and so on
4. Strong incement. It claims that the investment threshold is low, the cycle is short and the income is high. For example, after free registration, the investment of RMB 60000-60000 can be withdrawn after 15 days, with daily income of 1%, monthly income of 30%, annual income of 23 times, and no handling charge. In addition, if participants develop others to join, they can also get extra income such as recommendation Award (10% of offline investment) and Management Award (the corresponding proportion is determined according to the membership level). There is no upper limit for development personnel and no upper limit for rebate< 5. Strong concealment. Most of them are controlled remotely by overseas personnel, and the investment funds are often transferred through personal bank accounts or through third-party payment platforms
this kind of operation mode violates the law of value, and it is difficult to maintain the capital operation for a long time. Once the capital chain breaks, investors will face serious losses. The general public is requested to raise their awareness of risks, invest rationally and prudently, and prevent their interests from being damaged. At the same time, we can actively report to the relevant departments the clues we have learned about crimes
bitcoin home and many mainstream media have reported similar virtual money pyramid schemes.

8. IPFs is legal in essence, so it will not be banned by the state for the following reasons:

1. In essence, IPFs / filecoin is legal
the Chinese name of IPFs is interstellar file system, which is a new generation of Distributed Internet underlying protocol. For example, HTTP will appear in front of our usual Internet address. Maybe IPFs will appear in front of our Internet address in the future. In essence, IPFs is legal
1. Different from HTTP centralized storage, IPFs is distributed storage and fragmented transmission, so the download and upload speed of IPFs is faster than that of HTTP
the IPFs protocol is more secure than the HTTP protocol we currently use. As usual, we often receive all kinds of harassment calls because the information is leaked when we register online, which is the insecurity of centralization. Because IPFs is distributed accounting and distributed storage
2. Functionally, IPFs / filecoin is legal
for example, hackers steal data. In IPFs, file storage is local storage; IPFs uses fragmentation technology, file fragmentation and encryption storage. In this way, we can successfully protect our files from hackers
can we say that IPFs is illegal
3. In terms of mining, IPFs / filecoin is legal
for most investors, whether IPFs / filecoin mining is legal or not is the key< First of all, mining is legal
it has been 12 years since bitcoin. Facts have proved that mining itself is legal as long as it is compliant and has complete proceres. In China, currency trading was forbidden before, not mining. By the end of last year, the ban had been lifted, and the country was issuing its own sovereign currency, DCEP. Therefore, there is no need to worry too much about this policy risk, just worry about whether the IPFs / filecoin mining company you choose is legal or not
secondly, MIIT and Shenzhen also organized IPFs technology seminar in November 2019. As far as IPFs / filecoin mining is concerned, it is legal in itself.

9.

Question 1: ICO is a blockchain instry term, which is a common way to raise funds for cryptocurrency / blockchain projects. Early participants can get the cryptocurrency generated initially as a return

question 2: because ICO is an unauthorized illegal public financing behavior, it is prohibited by the state

prohibit ICO from issuing according to the announcement: at 3:00 p.m. on September 4, 2017, the people's Bank of China led seven ministries and commissions, including the Internet Information Office, the Ministry of instry and information technology, the State Administration for Instry and commerce, the China Banking Regulatory Commission, the China Securities Regulatory Commission and the China Insurance Regulatory Commission, to issue the announcement on preventing the financing risk of token issuance

the announcement points out that token issuance financing is essentially an unauthorized illegal public financing behavior, which requires that all kinds of token issuance financing activities should be stopped immediately from the date of the announcement, and at the same time, organizations and indivials who have completed token issuance financing should make arrangements such as refund

extended information:

at 3 p.m. on September 4, 2017, the notice on preventing the financing risk of token issuance is as follows:

first, accurately understand the essential attribute of token issuance financing activities

token issuance financing refers to the financing subject raising bitcoin from investors through illegal sale and circulation of tokens In essence, the so-called "virtual currency" such as ether currency is a kind of unauthorized illegal public financing behavior, which is suspected of illegal selling token tickets, illegal issuing securities, illegal fund-raising, financial fraud, pyramid schemes and other illegal criminal activities

Relevant departments will closely monitor relevant developments, strengthen cooperation with judicial departments and local governments, strictly enforce the law in accordance with the current working mechanism, and resolutely deal with market chaos. If suspected crimes are found, they will be transferred to judicial organs

the token or "virtual currency" used in token issuance financing is not issued by the monetary authority, has no monetary attributes such as legal compensation and compulsion, does not have the same legal status as currency, and cannot and should not be used as currency in the market

2. No organization or indivial shall illegally engage in token issuance and financing activities

from the date of this announcement, all kinds of token issuance and financing activities shall be stopped immediately. Organizations and indivials that have completed the token issuance and financing should make arrangements such as refund, reasonably protect the rights and interests of investors, and properly handle risks. Relevant departments will seriously investigate and deal with the activities of token issuance and financing that refuse to stop and the illegal behaviors in completed token issuance and financing projects

10.

A new round of digital currency regulation may come. On August 22, it was reported that Chaoyang District of Beijing issued a red headed document, requiring it not to undertake any virtual currency promotion and propaganda activities

In this regard, Yin Zhentao, deputy director of the law and Finance Research Office of the Institute of finance, Chinese Academy of Social Sciences, said, "before some investors complained about virtual currency investment, some places have exploded relevant cases, and now targeted supervision has begun.". In addition, it is reported that the current regulatory authorities are resolute and plan to include some key blockchains and virtual currency we media into the scope of regulatory remediation, and the possibility of launching a package of attacks is not ruled out