Is digital currency ICO legal
Digital money is legal
digital currency itself is legal in China. Digital currency is defined as Internet goods in China, but the relevant supervision is still blank, and digital currency is still in the gray area in China. Well known digital currencies include bitcoin, Leyte coin, Ruitai coin, thousand gold card, dog coin, etc
however, there are also some non developers who use the cover of digital currency to carry out pyramid schemes, such as the Vicat scheme, treasure scheme, Porter scheme and so on
development materials:
digital currency is different from the virtual currency in the virtual world, because it can be used for real goods and services transactions, not limited to online games. The early digital currency (digital gold currency) is a form of electronic currency named after the weight of gold. Today's digital currency, such as bitcoin, lightcoin and ppcoin, is an electronic currency created, issued and circulated by check sum cryptography. It is characterized by the use of P2P peer-to-peer network technology to issue, manage and circulate currency. In theory, it avoids bureaucratic examination and approval, so that everyone has the right to issue currency
According to the announcement on preventing the financing risk of token issuance, there is no approved digital currency trading platform in China
on September 4, 2017, the central bank and other seven ministries and commissions jointly issued the "notice on preventing the financing risk of token issuance", which pointed out that any so-called token financing trading platform shall not engage in the exchange business between legal tender and token and "virtual currency", and shall not buy or sell tokens or "virtual currency" as a central counter party, It is not allowed to provide pricing, information intermediary and other services for token or "virtual currency"
on November 13, 2019, the Beijing Municipal Bureau of Local Financial Supervision issued the "risk tips on unauthorized business activities of branches of trading places" which pointed out: "if there are branches of foreign trading places (mainly financial assets exchange) carrying out business activities in Beijing, it is illegal business activities."
extended data
digital currency may breed many illegal behaviors, such as exchange or one of the fields where illegal behaviors occur. The exchange may manipulate the stability of digital currency value, but the stability of currency value is closely related to the risk of financial system. If the fluctuation of currency value is manipulated artificially, it may bring bad capital flow and affect the security of national financial system
from the perspective of financial stability, strengthening the supervision of exchanges is concive to maintaining the stability of financial order. Due to a large amount of capital flowing into the exchange, under the influence of businessmen pursuing profits, it is likely to cause the behavior of ICO in the currency circle, resulting in the lack of necessary support for the technology research and development of the chain circle. In order to regulate the market, it is necessary for the relevant departments to strengthen the supervision of the exchange
It's illegal
First, digital currency ICO is illegal in China.
in September 2017, the people's Bank of China issued an announcement on preventing the financing risk of token issuance, which formally determined that ICO is illegal financing without approval, and no organization or indivial is allowed to participate
later, it was announced on April 23, 2018 that the left and right digital currency ICO platforms had all withdrawn from the Chinese market, so the current ICO is illegal in China
Second, digital currency exchange is prohibited in China.
after announcing that ICO is an illegal financing activity, the central bank also listed services such as trading, exchange, pricing and information intermediary for virtual currency as prohibited items, which means that digital currency exchange is illegal in China
all trading platforms, including bitcoin China, okcion and fire coin, announced in 2018 that they would stop the RMB recharge business and graally shut down their trading platforms. As of April 2018, all digital currency exchanges had completely withdrawn from the Chinese market
digital currency generally has a special digital currency exchange. We can buy the digital currency we need in our digital currency exchange
we can buy from our friends in addition to the exchange. If a friend has something, you can discuss and ask if he can sell it to you
we can buy our digital currency from traders nearby if we need more
we accept payment by digital currency payment service. If we open a physical store, we can support payment by digital currency, so we can also get our digital currency
finally, we can get digital currency by mining, and we can get digital currency by equipping mining machine to work mining, such as investing more hardware
digital currency trading: it can be traded only after RMB or digital currency is recharged in a third-party digital currency exchange
purchase of digital currency: no matter how many coins you buy, there is no limit. For example, if bitcoin is 100000 yuan, you can buy 0.0001, and there is no limit on how many coins you can buy or sell
digital currency trading time: 365 days a year, 24 hours a day, can be traded
The people's Bank of China has not issued digital currency for the time being, so there is no legal digital currency in China at present. At present, digital currency has not been recognized in China, let alone legal
at present, all kinds of digital currencies circulating in the market are basically on the edge of the law. China maintains a neutral attitude, but does not like speculation, which is also the basic attitude of the central bank{ RRRRR}
< H2 > development materialsdigital currency is abbreviated as digiccy, which is the abbreviation of "digital currency" in English and the alternative currency in the form of electronic currency. Both digital gold coin and cryptocurrency belong to digiccy
digital currency is different from the virtual currency in the virtual world, because it can be used for real goods and services transactions, not limited to online games. The early digital currency (digital gold currency) is a form of electronic currency named after the weight of gold. Today's digital currency, such as bitcoin, lightcoin and ppcoin, is an electronic currency created, issued and circulated by check sum cryptography. It is characterized by the use of P2P peer-to-peer network technology to issue, manage and circulate currency. In theory, it avoids bureaucratic examination and approval, so that everyone has the right to issue currency
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 authorizationIt is not illegal, but the legal risk can not be ignored
in September 2017, after the central bank and seven ministries and commissions jointly issued the "notice on the risk of token financing", which explicitly prohibited the trading of RMB and digital currency and the issuance of ICO (abbreviation of initial coin offering, which means the initial public offering of digital currency), the heat of hyping digital currency is still hard to rece
the current situation is that although the official ban, but in reality the transaction is still in progress, which will also lead to a series of legal problems. High return is accompanied by high investment risk, as well as legal risk that can not be ignored. After the central bank stopped the digital currency exchange in September 2017, some exchanges went overseas, and investors also went to overseas markets to invest and trade, or to find counterparties through Internet instant messaging software
extended information:
related risks:
1. The so-called credit risk is e to the lack of reliable third party participation, and the transaction between the two sides completely depends on the integrity. Once there is a breach of contract, it is difficult to protect the rights and interests
2. The so-called policy risk is that the attitude of various countries towards the special currency will lead to sharp fluctuations in the price of the currency, which will have a certain impact on the OTC trading; The so-called relief vacancy risk refers to the dispute caused by OTC transactions, which makes it difficult for all parties to obtain evidence and provide evidence
3. The public security organs often encounter the problem that there is no professional institution to price bitcoin in case filing or legal review, and our criminal law stipulates that the criminal object of theft is someone else's finance with economic value, because the economic value of bitcoin can only be proved by the trading platform according to the price displayed on the trading platform software, This kind of pricing is sometimes not recognized by public security organs and courts< br />
On September 2, it was reported that on August 21, the central bank headquarters received the relevant emergency report. The report analyzed in detail and clearly pointed out that from the perspective of penetrating supervision with substance more important than form, ICO belongs to illegal fund-raising in disguise
according to the lover quoted, relevant people of the central bank have studied a large number of ICO white papers and come to the conclusion that "90% of ICO projects are suspected of illegal fund-raising and subjective and intentional fraud, and less than 1% of the ICOS that actually raise funds for project investment."
ICO is the full name of initial coin offering, short for the first public offering of digital token, which imitates the IPO (initial public offering) in the stock market. That is to say, the project sponsor can obtain financing by issuing initial token through blockchain technology, but the initial token cannot be purchased in legal currency (RMB, US dollar, etc.), because it violates the laws and regulations of various countries on financing, and needs to be purchased with digital assets with good liquidity such as bitcoin and Ethereum
Yao Qian, deputy director of the science and Technology Department of the people's Bank of China and director of the digital currency Research Institute, pointed out in an article a few days ago that the current ICO is at the edge of legal supervision. Starting from the system construction, we should give the ICO a legal statement as soon as possible. He suggested that the implementation of sandbox supervision on ICO (in a "safe space", financial technology enterprises can test their innovative financial procts, services, business models and marketing methods, instead of being immediately subject to regulatory rules when related activities encounter problems) On August 16, Huo Xuewen, director of the Beijing Municipal Bureau of finance, also said in an internal closed door talk that Internet finance, blockchain and ICO can only have vitality if they develop in accordance with laws and regulations, and any violation and abuse will be punished"the national financial work conference made it clear that all financial activities should be regulated. All activities of "managing other people's money" should be subject to supervision. Blockchain innovation, Internet finance innovation, ICO innovation, but if you do not control the risk, then all the innovation will go to its opposite. If the traditional financial risk is 1.0 and the Internet financial risk is 2.0, the current blockchain and ICO risk is 3.0. " Huo Xuewen said at the meeting