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美国区块链监管法规有哪些,美国区块链监管法规是什么

发布时间:2023-12-20-05:28:00 来源:网络 区块链知识 区块   美国   法规

美国区块链监管法规有哪些,美国区块链监管法规是什么

美国区块链监管法规是指美国政府对区块链技术的法律法规,旨在保护消费者,确保市场活力,并确保金融稳定。美国区块链监管法规有助于支持和促进区块链技术的发展,同时为投资者和消费者提供安全保障。本文将介绍三个与美国区块链监管法规相关的关键词,即美国证券交易委员会(SEC)、加密货币和反洗钱(AML)。

美国证券交易委员会(SEC)

美国证券交易委员会(SEC)是美国政府的一个独立机构,其职责是管理和监督美国证券市场,以确保证券市场的公平、公正和有效运行。SEC的监管范围涵盖了股票、债券、期货、基金、期权和其他金融工具。SEC的监管规定也适用于区块链技术,其中包括对加密货币的监管。SEC的监管规定旨在确保投资者和消费者的权益,保护他们免受欺诈和滥用的侵害。

加密货币

加密货币是一种虚拟货币,它是使用密码技术来进行货币交易的一种新型货币形式。加密货币可以使用于购买和出售商品和服务,也可以用于投资和转账。美国政府对加密货币的监管主要集中在安全、反洗钱和货币政策等方面。美国政府的监管措施旨在确保加密货币的安全性,同时确保投资者和消费者的利益得到保护。

反洗钱(AML)

反洗钱(AML)是指金融机构采取的一系列措施,旨在防止恐怖主义融资和洗钱活动。AML规定要求金融机构对客户进行身份验证,并监控客户的交易行为,以确保客户的资金来源是合法的。美国政府对加密货币的AML规定要求加密货币交易所和其他金融机构实施反洗钱措施,以确保货币的合法性和安全性。

美国区块链监管法规旨在确保市场的公平、公正和有效运行,保护投资者和消费者的权益。本文介绍了与美国区块链监管法规相关的三个关键词,即美国证券交易委员会(SEC)、加密货币和反洗钱(AML),希望能够对大家有所帮助。


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❶ Do you need to apply for a US MSB license to do a blockchain project in the United States? What does the regulatory scope of the US MSB license include?

Hello, host. Let me answer your question.
The United States is a federal country, and the regulations of each state are different. However, U.S. licenses are common in 50 states. The scope of supervision of the U.S. MSB license includes: digital currency issuance and transactions. Virtual currency trading, ICO issuance, international remittance, foreign exchange, etc. In short, as long as you are engaged in money-related business in the United States, you need to hold this license.
To apply for a US MSB license, you need to register a US company first.
To apply for a US MSB license, you need to submit the following information:
a Basic information of the US company, including company registration certificate, company articles of association, Annual review documents, company tax number.
b. Personal information of shareholders of U.S. companies: including body powder, protective mask, personal phone number, and proof of address.
cExchange Overview
dSelect the service type according to the MSB service list.
d List the total amount of transactions

The application time for a US MSB license is generally about one month.
If it helps you, please give me a like and everyone is welcome to follow me.

❷ Blockchain projects, what specific contents are included in the legal opinion?

The contents included in the legal compliance opinion are:

1. White paper modification (lawyer based on Relevant Singapore regulations modify the project white paper to make the project comply with Singapore's existing laws on blockchain project management)

2. Proof of the non-securitization nature of the project TOKEN (certify that the issued project TOKEN is not securitized) nature)

3. Private placement agreement

4. Public placement agreement

❸ The upgrade of blockchain technology makes blockchain Applications can be regulated

The upgrade of blockchain technology has enabled blockchain applications to be regulated
In the Internet era, computers have proposed many trusted computing methods very early, which means that any A blockchain technology node adopts a module of trusted computing. Therefore, trusted computing can make it easier to upgrade and iterate technology in distributed networks.
In terms of the real-name system of blockchain technology, there is a blockchain technology laboratory in the United States, and they have proposed many technical solutions for real-name systems. For example, the current blockchain technology is point-to-point. In many countries, such as South Korea, each person has an electronic certificate, and real-name electronic certificates must be used for signatures during transactions. Of course, there are simpler solutions. We can store the IP address of the entire device as part of the transaction on the blockchain application.
In this way, the entire blockchain technology transaction can realize the real-name system of the technology. So this is an optional real-name system. We can build a real-name blockchain application network, or we can buildSet up an anonymous blockchain application network.
Super Key is also a major advancement in the current development of blockchain technology. Because it is a distributed network, how do we supervise it and how do we control it? In cryptography, we call it multi-signature.
We (yunbaokeji) design a different blockchain application network. If it is a blockchain application network used by a bank, we can design a super key. The keys of all nodes must be together with the super key to generate a wallet.
Then this super key must be in the hands of regulators or certain institutions, who can have limited control over blockchain applications. For example, currently the data on blockchain applications cannot be deleted, so the super key actually allows powerful organizations to modify the distributed network.
So what kind of technology is blockchain:
(1) Distributed decentralization,
(2) No need to trust the system,
(3) Unable to Tampering and encryption security. I know these words individually, but what do they mean together?
1. Distributed decentralization. This is talked about all over the Internet. Needless to say, in short, there is no longer a need for a central server. Everyone’s data is obtained from this server. Instead, The data is placed on N devices connected to the Internet, and everyone can download and store it.
2. No need to trust the system. Do you trust banks? Because the bank is recognized and established by the state, the blockchain implements a trust method that does not require a third party. N devices on the Internet are used to store data, and everyone can verify the data. As long as more than half of the people think you are right, you are right. No one person or organization can modify more than half of the content on the Internet. If you don't believe in others, you should always believe in your own verification results. If you don't believe in yourself, then congratulations, you are a great philosopher.
3. Non-tampering and encryption security
Blockchain uses a series of technologies, such as cryptographic algorithms such as SHA256 and RIPEMD160, to ensure non-tampering and encryption security. For example, 0101100011101110 represents a Characters, the algorithm requires shifting 4 bits to the left, supplementing with 0, throwing away the 4 bits on the left, and adding 4 0s to the right to get the result. How to deduce the original value based on the result? Of course this is just a simple example.

❹ How to achieve legal compliance for blockchain projects

China is still relatively conservative when it comes to blockchain projects. Blockchain projects always involve a derivative industry, that is, digital Currency transactions, what should I do if I want to do a project but it is not allowed in China? You can register a non-profit foundation in Singapore, and add relevant legal opinions to prove that the project you do does not violate Singapore's current laws and regulations. Examples of Bytom, Litecoin, etc. are such operations.

After registering the foundation body, you still need to complete legal compliance in the later stage. The main purpose is to draw a clear line between illegal and criminal activities, but you have no say in it. Because those who do blockchain must have digital tokens. To put it bluntly, digital currency drives the popularity of blockchain in China, but what are the facts? Digital currency is just a small application of blockchain technology.

Due to the particularity of the industry, there are currently no formal laws and regulations to restrict its development. It involves a wide range of violations:
pyramid selling
illegal fund-raising
money laundering
Absorbing public deposits
Illegal operations
Transnational foreign exchange crime
Provides more convenience for terrorist financing

So various countries in the world treat blockchain Attitudes are also different. China has banned it, so everyone is developing projects overseas, such as Singapore and Thailand. The first thing that needs to be complied with is local laws and regulations. Who has the final say on whether the project is legal? Two ways: apply for a formal digital transaction license or rely on a legal opinion issued by a lawyer. At present, most of them are the latter, which are easy to operate and cost little.

❺ The future trend of STO, how to invest in STO blockchain

Currency digitization is already the future trend, and the popularity of investment and financing events in the blockchain industry continues to rise. October 13, 2018 On the same day, tZERO, a blockchain platform owned by the American e-commerce giant Overstock, completed the issuance of security tokens (STO). tZERO raised US$134 million through large-amount security token financing. The funds were used to build and develop security tokens. Officially After being approved, tZERO STO can raise funds in a manner similar to equity crowdfunding, and exchange equity and Token at a certain ratio. The continuous participation of traditional enterprises has allowed STO to move from the small circle of blockchain to the broader public world.

From the popularity of ICO to the hot discussion of STO, the development speed of blockchain is also quite fast. So what is STO?

STO (Security Token Offering) refers to the issuance of security tokens. Its goal is to conduct public issuance of tokens under a legal and compliant regulatory framework. Currently, governments of various countries, represented by the United States and Singapore, are actively promulgating relevant laws and regulations, and a large number of exchanges, project parties, and service platforms focusing on STO have also emerged.
STO (Security Token) mainly includes three factors, namely securities, certificates and issuance:

Security-Securities, ownership of underlying assets with actual value, such as stocks, real estate, Funds or artworks, etc. Owners are usually provided with different financial rights, such as profit sharing rights, equity shares, dividends, voting rights, redemption rights, etc.

Token-pass, a circulating proof of rights and interests. The securities mentioned above must be linked to a specific form of expression, and the form of token expression is represented byThe previous paper-based securities are expected to evolve to advanced paperless (encrypted digital ledger records based on blockchain technology) in the future after the current stage of paperlessness (traditional exchange brokerage ledger records).

Offerings-issuance refers to the comparison between IPO (issuance of traditional securities by a nationally designated exchange) and ITO (an ITO website that can be operated by individuals). The issuance platform is currently mainly a TOKEN exchange that is subject to state supervision. , issuance is subject to supervision by regulatory agencies (such as the SEC in the United States, Bafin in Germany, etc.), issuance is in accordance with regulations (such as SEC's Reg D, Reg A+, Reg S, Reg CF), and investment users need to pass KYC and AML audits.

Looking at it from the perspective of blockchain:

ST is a securitization token and an application of blockchain entering the 3.0 stage;

ST is a rational choice to move from virtuality to reality

ST is an effective way to chain reform

Enterprises can realize the vision of issuing STO through VIE

❻ What impact will the US Securities Regulatory Commission bring ICO into supervision?

In the past six months, ICO has been in full swing, and its financing speed has even surpassed IPO. On July 25, the U.S. Securities and Exchange Commission (SEC) announced that some ICO projects would be included in the regulatory system. What impact will this have on ICO projects and even the blockchain industry?

ICO (Initialcoinoffering) is the act of crowdfunding through the issuance of cryptographic tokens. It is a financing method in which blockchain companies or autonomous organizations issue initial encryption tokens and sell them to qualified participants to indirectly obtain funds for project development.

SEC’s confirmation of its regulatory authority over ICOs stems from the investor announcement on ICO risk education and its investigation into TheDAO, an ICO project that collapsed due to hacker attacks due to code vulnerabilities. Report.

The report claims that the SEC launched an investigation into TheDAO, one of the ICO projects, in accordance with Section 21(a) of the Securities Exchange Act of 1934, and now defines TheDAO tokens as securities, and emphasizes that it is based on facts Virtual currencies or tokens defined as securities will be included in the regulatory system of the Securities Regulatory Commission and subject to federal securities laws, regardless of whether distributed ledger technology is used for issuance and sales.

The financial research institution AutonomousNext recently released an ICO report showing that the ICO financing model has achieved billions of dollars in cumulative financing. Tezos, TheDAO, Bancor and other projects have achieved US$232 million and 152.3 million through ICO. Huge financing of US$152 million. In the first half of 2017, ICO financing of up to 2.6 billion yuan occurred in China.

SEC puts TheDAO token into supervisionWhat does it mean to manage scope? What impact will it have on investors? What changes will happen to the entire ICO industry chain? In this regard, Tencent Technology conducted an exclusive interview with Mr. Tim Byun, Chief Compliance Officer of OKEX, the world's leading digital asset service provider.

Mr. Tim said that the SEC report first clarified that DAO tokens are a security asset. The SEC did not indicate that all tokens are securities, but many tokens can be classified as securities according to the SEC report. Pages 11 to 15 Four criteria for a security to be defined as a security. It is said in the B.3 guidelines: Investors who purchase DAO tokens invest in a general enterprise and hope to obtain reasonable returns from the enterprise. Some non-security tokens may not meet this standard. For example, token buyers may expect to receive the right to use an application rather than benefits.

Mr. Tim pointed out that the SEC’s move will have four impacts:

Impact 1: Non-qualified investors in the United States may no longer be able to invest in ICO projects.

For security tokens, ICO issuers that offer and sell securities in the United States must register with the U.S. Securities and Exchange Commission or obtain an exemption. This also means that according to SEC regulatory requirements, ICO projects will likely only be issued to qualified investors or very wealthy people.

Impact 2: ICO issuers may move out of the United States.

If the token is a security, ICO issuers that offer and sell securities in the United States must register with the SEC or qualify for an exemption from registration. For security tokens, if the ICO issuer does not want to comply with the regulatory requirements of the SEC, it can transfer the issuance activities outside the United States and not accept the participation of American investors.

Impact 3: The time and cost of issuing ICO tokens will increase significantly.

For security tokens, the time and cost of ICO token issuance will increase significantly. ICO platform service providers (such as underwriters) can provide services to ensure that ICO activities comply with SEC regulatory requirements, but the cost will increase a lot and the financing amount will be much lower.

Impact 4: ICO token trading platforms will be forced to move out of the United States.

For security tokens, the trading platform must be registered in the United States and become a national securities trading platform, or obtain an exemption. In the short term, U.S. token trading platforms must remove security tokens. In the long term, U.S. token trading platforms can move out of the United States and no longer serve U.S. customers.

“After the storm, calm will return.” Mr. Tim said that although many industry participants and observers may disagree with the SEC’s report, the U.S. Securities and Exchange Law cannot be violated; he hopes that the U.S. Securities and Exchange Commission will continue to Publishing a report on non-security tokens will give the industry more clarity on how to develop. ”

OKEX is committed to becoming an infrastructure provider for global digital assets. It mainly provides transactions between digital assets, OTC,Wallet, safe, block tracking and other services.

❼ Interpretation of the "Blockchain Information Service Management Regulations" | "Tourism" laws can be followed

On January 10, 2019, the State Internet Information Office issued the "Blockchain Information Service Management Regulations" 》 (hereinafter referred to as the "Regulations"), and will come into effect on February 15, 2019. In order to help readers understand the content of the "Regulations" more clearly and straightforwardly, we have conducted a professional interpretation of this new regulation and compiled several highlights of the "Regulations": 1. It is clarified that the competent department of blockchain information services shall be responsible for Article 3: The supervision, management and law enforcement departments of blockchain information services are Internet Information Offices at all levels. 2. Clarify the definition of blockchain information service providers. According to Article 2 of the "Regulations", the so-called blockchain information services refer to the services provided to the public through Internet websites, applications, etc. based on blockchain technology or systems. Provide information services. Blockchain information service providers refer to entities or nodes that provide blockchain information services to the public, as well as institutions or organizations that provide technical support to entities that provide blockchain information services. According to the above definition, it can be seen that only information services such as news reports about blockchain and Bitcoin are provided to the public, such as mobile APPs such as Mars Finance and Bikuaibao, as long as the underlying technology for providing services is not based on blockchain technology or systems. It does not belong to the blockchain information services mentioned in the "Regulations" and is not subject to the "Regulations". As for mobile apps or games such as "NetEase Planet", "Nishui Han", "A Chinese Ghost Story", etc., since some of them use blockchain technology or systems to provide services to users, their operators should be classified as blockchain information services provider. In addition, in view of the above definition, even if an organization or institution itself does not provide blockchain information services to the public, as long as it provides technical support to blockchain information service subjects, it still belongs to blockchain information services. Providers are bound by the Regulations. This means that the more popular model of "overseas establishment of entities to issue coins on the chain + domestic companies to provide technical services" may come to an end. 3. Clarify the security management responsibilities of blockchain information service providers. The "Regulations" clearly stipulate the responsibilities of blockchain information service providers. Mainly include: 4. Clarify the filing responsibilities and related procedures of blockchain information service providers. In addition to the above responsibilities, blockchain information service providers should also perform filing responsibilities: 1. Within ten working days from the date of provision of services. Fill in the name, service category, service form, application field, server address and other information of the service provider through the Blockchain Information Service Registration Management System of the Cyberspace Administration of China and perform the registration procedures. 2. If the service items, platform address and other matters are changed, the change procedures shall be completed within five working days from the date of change. 3. If the service is terminated, the cancellation procedures should be completed thirty working days before the service is terminated, and proper arrangements should be made. 4. Those who engage in blockchain information services before the promulgation of the "Regulations" (i.e. before January 10, 2019) shall start from the date when the "Regulations" come into effect (i.e. 201Relevant procedures will be completed within 20 working days starting from February 15, 2020. 5. Blockchain information service providers should log in to the blockchain information service filing management system within the specified time and provide relevant information to cooperate with the Internet Information Office in conducting regular inspections of filing information. Registration agencies: Internet information offices at all levels. Filing procedures: After the blockchain information service provider submits materials, the Internet Information Source Information Office shall file the materials within twenty working days, issue a filing number, and report to the State Internet Information Office through the Blockchain Information Service Filing Management System. The public publishes the filing information; if the materials are incomplete, the filing will not be granted, but the filing person shall be notified within twenty working days and the reasons shall be explained. The promulgation of the "Regulations" clarified the subject boundaries of blockchain information service providers, stipulated in detail the subject responsibilities of blockchain information service providers, and filled the current domestic regulatory gap in the field of blockchain information services. , marking the arrival of the "regulatory era" in the field of blockchain information services. For the blockchain information service industry, it means more orderly and healthy development; for practitioners who are currently engaged in or are interested in providing blockchain information services in the future, it means higher compliance requirements. .

❽ What is blockchain STO, how to register a US company for sec filing and compliance laws

US company application requirements

1. More than one company director and shareholder (Natural or legal person without international restrictions);

2. Valid identification document (ID card or passport for those over 18 years old).

Materials required to register a U.S. company

1. Determine the name of the U.S. company (in English);

2. Provide scanned copies of ID cards or passports of directors and shareholders ;

3. Provide the English signature of the chairman;

4. Determine the share distribution ratio for shareholders of the American company.

Common types of registered companies in the United States

1. Inc. (INC): This is currently the most commonly used company form for Chinese companies to register companies in the United States, because it does not involve double taxation, stocks You can buy and sell privately by yourself, and you can go public later. Companies including Apple and Zhubajie use the INC form;

2. Limited Liability Company (LLC): Most Chinese people choose to register a company in the United States to start a business. Register a limited liability company, because this type of company has a simple form, but is relatively expensive and complicated to file taxes, and requires a social security number SSN.

U.S. company registration process

1. Company name search (submit 1 most satisfactory name and 2 alternative names at the same time);

2. Sign the agreement (sign the agreement according to the terms negotiated by both parties);

3. Deliver the fee;

4. Sign the confirmation;

5. Government approval Process (Bajie will follow up with the government to complete relevant procedures throughout the entire foreign-related process);

6. The company is established (reply documents are filed, and company information is mailed).

A complete set of information after U.S. company registration is completed

1. Articles of Incorporation A registration document issued by the Secretary of State;

2. Minutes of the company’s establishment meeting ;

3. Articles of Association and rules and regulations stamped by the state government;

4. A set of legal meeting minutes;

5. Company seal (steel seal, strip);

6. 1 copy of the company’s stock account and 1 copy of the company’s stock;

7. 1 copy of the legal secretary card of the U.S. company;

8 .A list of US company documents;

9. A document box.

❾ Blockchain STO registration process for US companies to build VIE structures

STO is the issuance of security tokens. It is a securities issuance with Token as the carrier. This Tokne can be used to replace stocks, bonds, loans and other asset targets. Judging from the name, it is similar in concept to ICO and IFO, and is a way of issuing tokens. The most significant feature of STO is that the tokens issued have securities properties and are regulated by securities agencies (such as the U.S. SEC) and relevant securities laws and regulations.
In layman’s terms, security tokens must be linked to assets, such as cash, shares, fixed income assets, real estate, commodities, etc. They are the intersection of digital assets (tokens) and traditional financial products - a new technology that improves on old things. If we call cryptocurrencies like Bitcoin "programmable money", then security tokens are What can be called a “programmable ownership” version of a token is that any asset under its ownership can and will be tokenized. If you want to conduct an STO, you must first obtain permission from the regulatory agency. Therefore, we can regard STO as an ICO that is more compliant with legal regulations. About STO service process
1. VIE structure preparation
The first type: traditional VIE structure (Cayman, Hong Kong, wofe agreement), the cycle is longer, ranging from 3-6 months.
The second type: registering a US company (controlling through the wofe agreement), the cycle is shorter, about 6 weeks.
2. Preparation of legal documents
Documents prepared by the legal team:
Evaluation and optimization by expert teams such as American lawyers and CITI Securities Department
SAFT/PPM
Risk Disclosure Statement
/>Company structure, etc.
3. Financing channel services
RegD: Only for US compliant investors, we will recommend
RegS: Only for legal investors outside the US The state raises funds and recommends investment institutions such as Japan
4. Token issuance
According to different platform rules, recommend the most suitable platform for issuing Token.
Exchange docking services.