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Xavier Lavayssière

Xavier Lavayssière

With a background in Law and Computer Science, Xavier Lavayssière is investigating the use of blockchain technology as a mean of regulation. He co-founded ECAN and the Smart Contract Academy.

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29 posts •
Twitter
FMA guide on ICO and Tokens
Austria

FMA guide on ICO and Tokens

The Austrian Financial Markets Authority, FMA, published a complete guide on ICOs. It follows a prior analysis on its "2018-2023 strategy report" and similar efforts of other regulators. The FMA considers

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
USA

SEC vs Jesky : 1.4 Millions in settlement

Pursuant the Securities Act 5(a) and 5(b), the Securities Exchange Commission filed a complaint on July 2, 2018 against attorney T.J. Jesky and the law firm's manager Mark DeStefano. Involved

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Switzerland

FINMA-Guidance 04/2017 on the Regulatory treatment of initial coin offerings

Guidance on September 29th, 2017276 Background FINMA recognises the innovative potential of distributed ledger/blockchain technology. It welcomes and supports all efforts to develop and implement blockchain solutions in the Swiss financial centre.

  • Xavier Lavayssière
    Xavier Lavayssière
2 min read
Italy

Italian Inland Revenue

The Italian Inland Revenue (Agenzia delle Entrate), through resolution of September 2016240, on the basis of the judgement of the EU Court of Justice (Case C-264/14), stated that operations in cryptocurrencies in

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Italy

OneCoin - Italian Antitrust Authority

Through resolutions dated December 2016 and August 2017238, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato)---empowered by the Italian Consumer Protection Code---suspended activities, and subsequently fined companies carrying out

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Italy

Crypt Trade - CONSOB Resolution n. 20207 (Dec. 6, 2017)

Crypt Trade is a platform for trading and advising services about cryptocurrencies based in Alicante (Spain) and Glasgow (UK). The platform was offering "cryptocurrencies' extraction kits" which involved (i) a certain

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
United Arab Emirates

FSRA Guidance on ICOs and Virtual Currencies

The Financial Services Regulatory Authority (FSRA) of Abu Dhabi Global Market (ADGM) issued a Guidance on its approach to ICOs on October 9 2017 under the Financial Services and Markets Regulations 2015 ("

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
New Zealand

FMA Commentary on ICOs and cryptocurrency services

On October 25, The Financial Markets Authority (FMA) announced the publication of notices on ICOs and cryptocurrency services alongside online resources for investors. The extent to which an ICO is regulated depends whether

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Australia

ASIC information sheet on ICOs

The Australian Securities and Investments Commission announced on September 28, 2017 the release of information sheet 225 on ICOs. The sheet considers that the legal status of an ICO is dependent of the

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Russia

Bank of Russia Warning

In September 2017, the Bank of Russia issued a warnings about the risks posed by cryptocurrencies and ICOs. At the same time, the Russian Ministry of Finance is drafting a law that would

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Israel

ISA Press release on trading of cryptocurrencies

ISA issued a statement on December 12, 2017 on trading of cryptocurrencies. Shmuel Hauser, the Chairman of ISA is critical of bitcoin and its high volatility, estimating that it was for him a

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Israel

ISA announcement of national committee

The Israel Securities Authority (ISA) has announced on Aug 30, 2017 the creation of a national committee to rule on whether tokens should be considered financial securities and to recommend a regulatory policy

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
South Korea

FSC (Korea) ban on ICOs

On September 29, the Financial Services Commission (FSC) issued a statement following a meeting with other administrations to discuss counter measures against the trend of virtual currencies.307 The statement observes that ICOs

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Malaysia

Media Statement on Initial Coin Offerings

The Security Commission of Malaysia (SC) issued a statement on Sept. 7, 2017 warning investors of the various risks posed by ICOs, and the high number of frauds that come along them. Because

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Taiwan

Financial Technology Innovative Experimentation Act

The Executive Yuan approved on May 5, 2017 the draft act prepared by the Financial Supervisory Commission (FSC). The legislation propose a regulatory sandbox suspending criminal and administrative liabilities arising from engaging in

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Hong Kong

SFC circular on Bitcoin futures contracts and cryptocurrency-related investment products

The Circular of Hong Kong's SFC of Dec.11, 2017 is addressed to Licensed Corporations and Registered Institutions. The SFC first acknowledges that Bitcoin Futures contracts have been allowed in the US. Those

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
Hong Kong

SFC Statement on ICOs on Sept. 5 2017

The Securities and Future Commissions (SFC) of Hong Kong released a statement on September 5, 2017 clarifying Hong Kong's Law on ICO. While the SFC estimates digital tokens are virtual commodities, certain ICOs

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
France

Two early ICOs in France

Iexec Iexec aims to become a decentralized computing platform. The project allows Decentralized Applications (DAPPS) and other users to require external computation while the protocole validate the results in a decentralized manner. Led

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
France

Clarification on cryptoassets taxation in France

On April 26th, 2018, the Supreme Administrative Court ("Conseil d'Etat"), clarified prior instructions from the tax administrations. In 2014 the tax administration had presented capital gains from bitcoin as either industrial

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
France

Ordinance on the use of shared registers for the transmission of financial titles

On December 8 2017, the French president signed a legislative order210 authorizing the use of a "shared digital registering device"---a formal designation for blockchain systems---for the transmission of financial titles

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
France

Discussion Paper AMF on Oct. 22, 2017

The French Financial Markets Authority (AMF) published209 on October 22 a discussion paper regarding its analysis of the application of existing regulatory framework to ICOs and future regulatory options. Current Framework While most

  • Xavier Lavayssière
    Xavier Lavayssière
2 min read
France
France

France

As part of the European Union, France's regulatory framework complies with the Prospectus Regulation as well as the Markets in Financial Instruments, Alternative Investment Fund Managers and Anti-Money Laundering Directives. As a civil

  • Xavier Lavayssière
    Xavier Lavayssière
6 min read
EFSA  and the Estonian Supreme Court
Estonia

EFSA and the Estonian Supreme Court

Over the years, the Estonian Financial Supervision Authority (EFSA, https://www.fi.ee/) issued warnings about companies launching Initial Coin Offerings and other digital assets services. The administrative chamber of the Estonian Supreme

  • Xavier Lavayssière
    Xavier Lavayssière
2 min read
Gibraltar

Gibraltar Statements

Proposals for a DLT Regulatory Framework on May 2017 300 The Ministry of Commerce of HM Government of Gibraltar issued a public consultation regarding a proposed regulation for blockchain-related activities, with the objectives

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
PRC

Examples of ICOs in PRC

Without exception, all current ICOs with teams based in mainland China issue their tokens outside of mainland China, mostly Hong Kong. A current example is www.matrix.space. List of ICO's subject to

  • Xavier Lavayssière
    Xavier Lavayssière
1 min read
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