Token issuance is fundamental for most blockchain projects, communities & companies. However, securities regulation around the world is about to create sweeping obligations, which must be mapped
DLT360's Legal Team will map out emerging securities regulation and obligations around token & digital asset issuance, beginning in the US and EU and later branching out to other jurisdictions.
This is the total amount allocated to DLT360: Securities Law & Tokens.
Securities regulation around the world is about to create sweeping obligations for token issuance, which must be understood and mapped. In the United States and the European Union legislative proposals such as the Lummis-Gillibrand Draft Bill (US) and the proposed Markets in Crypto Assets Regulation (EU) will create legal obligations which cannot be ignored even by blockchain-based projects. In order to help projects navigate through this environment, DLT360 will map out these obligations in our Navigator, and assess related Risks and Opportunities in our Risk & Opportunity Radar. In addition, presentations and reports will provide in-depth assessment.
In line with the Challenge settings goal of "providing funded proposals with solutions and services to operate legally in their residing country" this proposal addresses one of the most fundamental legal challenges for blockchain projects: How to issue tokens in a compliant manner.
Quickly evolving and uncertain regulatory frameworks:
Both in the United States and the European Union, legislative proposals are currently making their way through the legislative process. While in many instances the substance of emerging legislations can already be understood at a higher level, detailed provisions and obligations will be subject to change as the legislations are finalized. To mitigate this risk, we will make sure to monitor legislative developments closely, and to update our work accordingly.
Week 1-2: Background research for legislative proposals in United States and EU.
Week 2-6: Answer specific questions around these legislative proposals, based on DLT360's financial regulation & securities guiding questions (such as: Blockchain specific statutes/regulation: What blockchain specific statutes or regulations, if any, exist in this jurisdiction?How are blockchain based digital assets classified in this jurisdiction (taxonomy)? Securities: Can digital assets be classified as securities in this jurisdiction and under what circumstances?What applicable statutes/regulations pertaining to securities law exist in this jurisdiction?Which body is responsible for regulating and overseeing securities markets in this jurisdiction?What disclosure obligations arise for digital assets out of being classified as a securitiy?What other obligations arise for digital assets out of being classified as a security? +20 more guiding questions
Week 6-10: Create content (presentations, reports, papers) and implement information in DLT360 Navigator and Risk & Opportunity Radar.
Research & content development hours legal analysts:
200 hours/30$: 6000$
Review and editing by senior legal experts: 30x100$: 3000$
Budget reserved for creating graphic design elements: 1000$
Budget reserved for interviews & webinars with legal experts: 2500$
In total: 12500$
DLT360 Legal Segment:
Maury Shenk (Senior Advisor)
Maury Shenk is a senior lawyer and investor, as well as senior advisor at DLT360. Formerly Managing Partner at an International Law Firm in London. Maury holds a B.A. from Harvard University and a J.D. from Stanford University.
Michiel Van Roey (Senior Advisor)
Michiel van Roey is a senior lawyer, co-founder & general counsel of Profila as well as senior advisor at DLT360. Michiel holds a Master of Law from University of Antwerp, University of Bern, and University of Virginia School of Law.
Jonas Weinberger (Team Lead, Legal Analyst)
Jonas Weinberger is team lead and legal analyst at DLT360, as well as research assistant at the Brussels School of Governance.
Further members of the DLT360 team. See: dlt360consulting.com/about
If funded we will expand this project in the future, covering more jurisdictions through future catalyst proposals.
-Number of legislative proposals analyzed
-Number of guiding questions answered
-Number of presentations created
-Number of reports created
-Number of elements added in DLT360's Navigator
-Number of Risk & Opportunity elements added in DLT360's Risk & Opportunity Radar
Clearly mapped out legal environment for token issuance in US & EU.
New proposal
DLT360's Legal Segment consists of a team of senior lawyers with many years of experience in leading international law firms, combined with a team of talented junior legal analysts with the legal research background necessary to fulfil this objective.