Malta to Propose ICO Definition Test

The proposed test will help to find out if the ICO's token is a security or utility token
16 April 2018   164

The authorities of Malta have submitted a test that will clearly determine when a token issued through ICO is considered a security. This is reported by CoinDesk.

The Financial Services Authority of Malta published a consultation document and now accepts public comments on its contents. The document describes the so-called Financial Instrument Test, which would ultimately become part of its proposed Virtual Financial Asset Act (VFAA).

The agency reported that the methodology of the test is based on a discussion of a previous document published in November 2017, when this idea was presented for the first time.

The test includes 3 stages, which first of all will determine whether an asset based on distributed registry technology (DLT) can be classified as "virtual tokens" or utility-tokens that are not securities.

Virtual token is a DLT asset which has no utility, value or application outside of the DLT platform on which it was issued and that cannot be exchanged for funds on such platform or with the issuer of such DLT asset.
 

The Financial Services Authority of Malta proposal document

Tokens that belong to this category will not be regulated by the law "On virtual financial assets".

Assets that are traded on the secondary market will pass to the second stage of testing, where the token will be checked for compliance with various definitions of the security in European legislation, including tradable securities, money market instruments or financial derivatives.

If it turns out that the token corresponds to the definition of one of these assets, it will be regulated in accordance with the EU directive "On the markets of financial instruments".

A negative result in the second stage will allow the token to be admitted to the third stage of testing, at which the issue of token regulation will be decided in accordance with the Law on Virtual Financial Assets. At this stage, both the pan-European and the national criteria of Malta will be presented.

Proposed to cover all ICOs organized in Malta, the paper is currently open for public input until May 5, the agency said.

Tezos Co-Founder penaltied by Wall Street Regulator

Tezos co-founder Arthur Breitman is punished with a fine and a trading veto for two years by The Financial Industry Regulatory Authority (FINRA)
20 April 2018   117

The Wall Street regulatory institution has come to a adjudgement with Breitman after he was indicted of producing false statements about his side venture (Tezos) while he was actually employed at Morgan Stanley. All registered FINRA securities specialists are demanded to report any for-profit activity outside of their stated employment if there is “reasonable expectation of compensation.”

The regulatory activity started from a Reuters article published in October that discovered Breitman, who is filed with FINRA as a French citizen, never disclosed hise work for Tezos while still employed at Morgan Stanley within the years of 2014-2015.

Together with the other proofs published in Reuters` article is a business plan written in 2015 that lists Brietmen as chief executive and makes projections on the potential for the company to be worth as much as 20 billion dollars over 15 years.  They also cited two papers Breitman penned under the pseudonym L.M. Goodman about Tezos, showing that he purposely hid his connection with the firm.

FINRA enclosed that “Breitman did not notify Morgan Stanley at any time that he was engaging in these outside business activities.” The adjudgement conditions of April 18 are that Breitman shun any broker-deals for 2 years and pay a $20,000 fine. Breitman neither accept nor disclaim the indictments.

The settlement with FINRA is unrelated to and has no impact on the launch of the Tezos network. Arthur cooperated fully with FINRA at all times and Arthur is pleased to put this personal matter behind him.
Sarah Lightdale, lawyer of Arthur Breitman

Last July the Tezos foundation increased for $232 million from their initial coin offering to found the blockchain network for smart contracts but still haven’t delivered any of the cryptocurrency to supporters because of infighting and legal problems in and outside of the boardroom.