Canadian securities regulators outline securities law requirements that may apply to cryptocurrency offerings

[OlivierA]

Press release here https://www.securities-administrators.ca/aboutcsa.aspx?id=1606

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August 24, 2017

Toronto – The Canadian Securities Administrators (CSA) today published CSA Staff Notice 46-307 Cryptocurrency Offerings, which outlines how securities law requirements may apply to initial coin offerings (ICOs), initial token offerings (ITOs), cryptocurrency investment funds and the cryptocurrency exchanges trading these products. 

 

Full document here http://www.osc.gov.on.ca/documents/en/Securities-Category4/csa_20170824_cryptocurrency-offerings.pdf

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A cryptocurrency exchange that offers cryptocurrencies that are securities must determine whether it is a marketplace. Marketplaces are required to comply with the rules governing exchanges or alternative trading systems. If an exchange is doing business in a jurisdiction of Canada, it must apply to that jurisdiction’s securities regulatory authority for recognition or an exemption from recognition. To date, no cryptocurrency exchange has been recognized in any jurisdiction of Canada or exempted from recognition. Allowing coins/tokens that are securities issued as part of an ICO/ITO to trade on these cryptocurrency exchanges may also place the business issuing the coins/tokens offside securities laws. For example, the resale of coins/tokens that are securities will be subject to restrictions on secondary trading

 

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Every ICO/ITO is unique and must be assessed on its own characteristics. For example, if an individual purchases coins/tokens that allow him/her to play video games on a platform, it is possible that securities may not be involved. However, if an individual purchases coins/tokens whose value is tied to the future profits or success of a business, these will likely be considered securities.

 

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We want to encourage financial market innovation and facilitate capital raising by fintech businesses, while at the same time ensuring fair and efficient capital markets and investor protection. As cryptocurrencies become more popular and mainstream, balancing the demand for new investment opportunities and the need to protect investors from high-risk or fraudulent activities is extremely important. (...) The CSA Regulatory Sandbox is an initiative of the CSA to support fintech businesses seeking to offer innovative products, services and applications in Canada

 

 

 

[Guest]

#draintheswamp

[Mercury]

It is worth noting that these rules follow the ones being implemented south of the border in US, the two rule sets differ in a couple aspects but mostly mirror and most likely will continue to follow in tangent in the future.

Also a FYI I believe the two tax authorities have a data sharing agreement and treaty for both countries citizens.

[OlivierA]

What I really like about this Staff Notice is the sand box they offer to those who want to do an ICO or create an marketplace/exchanges and be on the "good" side of the securities law.

What I see is a stick and carrot kind of warning.

[Mercury]

Seems this sandbox is just a informal review?