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RE: Thinking of Crowdfunding your Crypto project? Think Again.

in #crowdfunding8 years ago

Bitshares has at one point or another flaunted most regulatory issues. Crowdfunding is now more or less as heavily regulated as the rest of finance in the U.S. so I suggest you go read the appropriate bodies rules and regulation. You will need to register and comply with various AML and KYC requirements as a crowdfunding platform. In some ways it is worse, since an investor may not need to a considered a qualified investor anymore but there are limits to how much he can invest. Good luck complying with that. I would suggest putting in as much work into AML as anything. Law enforcement isn't as forgiving as finance regulators.

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Most definitely get legal advice with any crowdfunding operation. I also agree with KYC AML in many cases to avoid unpleasantness...

What would happen if you were in a jurisdiction that did not have to comply with any FATCA, or regulations as a sovereign nation?

Avoid, as they attract attention for mere fact of operating there. Some jurisdictions, like Cyprus, should be avoided despite signing the agreement to comply as much of their foreign transactions have origins that are questionable. As an American, I don't get away from regulations because I am in a foreign jurisdiction or my counter-party is. They and I just get more paperwork and forms to fill out. That doesn't mean some risk in these regards isn't worth it, but if one is going to engage in actions not in compliance with the U.S. regulatory regime, be aware of what it is. I would question anybody that does like Cryptsy was incorporated in Belize. That should have been a red flag as it would probably be just as easy incorporating in Bermuda or BVI. However, Belize has certain advantages for certain people and I would like to avoid those people.

Also, it i just as important for people who go through the process of getting funding or developing a platform for crowd funding to read the regulations themselves and think through their implications as they could impact business decisions long-term. Many of the required tests sponsored by FINRA concern these regulations. If your business is finance related, you will save a lot of money in lawyers fees if you know what they are and they impact your industry. I traded for several firms and on my own without ever needing the help of a lawyer. This process is a bit different than raising money but it still comes down to filling in a bunch of forms.

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