Articles on Legal & Corporate Structuring for Initial Coin Offerings (ICO) - Flag Theory https://flagtheory.com/topic/initial-coin-offering-ico/ Passports, Residency, Incorporation, Offshore Banking Mon, 26 Feb 2024 11:39:31 +0000 en-US hourly 1 https://flagtheory.com/wp-content/uploads/2018/07/cropped-favicon-32x32.png Articles on Legal & Corporate Structuring for Initial Coin Offerings (ICO) - Flag Theory https://flagtheory.com/topic/initial-coin-offering-ico/ 32 32 Where to incorporate a DAO (2024) https://flagtheory.com/where-to-incorporate-a-dao/ Mon, 26 Feb 2024 07:23:47 +0000 https://flagtheory.com/?p=193920 Where to incorporate a DAO An overview of a number of factors to consider when evaluating and determining the structure and legal domicile of a DAO, as well as its relevant regulatory, structuring and tax matters. The emergence of Decentralized Autonomous Organizations (DAOs) has introduced a complex legal landscape, demanding consideration of new governance models

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]]> Where to set up a cryptocurrency business (2020) https://flagtheory.com/cryptocurrency-business-regulations/ Thu, 03 Sep 2020 11:51:43 +0000 https://flagtheory.com/?p=187378 Where to set up a cryptocurrency business (2020) An overview of the latest legal and regulatory developments for cryptocurrency businesses across various International Financial Centers During recent years, a large part of the cryptocurrency industry have been operating in an unregulated manner. Most of the largest cryptocurrency exchanges, dealers and other crypto operators, as well as

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]]> Initial Exchange Offerings (IEO) for Token Issuers and Crypto Exchanges https://flagtheory.com/initial-exchange-offering-ieo/ Mon, 27 May 2019 23:15:51 +0000 https://flagtheory.com/?p=19611 What Token Issuers and Exchanges should consider when undertaking an Initial Exchange Offering (IEO) Initial Exchange Offerings (IEO) have become a popular means of raising funds for blockchain startups, replacing ICOs, which have seen a dramatic drop in traction. An IEO mainly consists of an ICO held via an existing cryptocurrency exchange, which administers the

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]]> Where to market a Tokenized Fund Offering https://flagtheory.com/where-to-market-a-tokenized-fund-offering/ Mon, 05 Nov 2018 09:10:46 +0000 https://flagtheory.com/?p=17238 Where to market a Tokenized Fund Offering Flag Theory Weekly Letter – Monday November 5th, 2018 In previous letters we talked about some of the most important factors when it comes to setting up a security token offering and we then discussed one type of STO – a tokenized fund. This is a fund that

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]]> Where to set up a Tokenized Fund https://flagtheory.com/tokenized-fund/ Thu, 18 Oct 2018 23:22:17 +0000 https://flagtheory.com/?p=17119 Where to set up a Tokenized Fund Flag Theory Weekly Letter – Friday, October 19th, 2018 In a previous letter, we discussed why the crypto fundraising trend is turning from utility to security tokens and what one should consider when doing a security token offering. Within the broad category of security token offerings (STOs), is

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]]> What you should consider when doing a Security Token Offering (STO) https://flagtheory.com/launch-a-security-token-offering-sto/ Fri, 05 Oct 2018 08:06:22 +0000 https://flagtheory.com/?p=16308   What you should consider when doing a Security Token Offering (STO) The crypto fundraising trend is turning from utility to security tokens. Launch a Security Token Offering – Why? Currently, ‘utility’ tokens may be considered securities. This depends on the jurisdiction and its intrinsic characteristics and associated rights. A ‘true’ utility token represents future

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]]> Labuan – The Best ‘Unknown’ Place to Set Up a Crypto Startup https://flagtheory.com/set-up-a-crypto-startup-labuan/ Fri, 21 Sep 2018 06:52:37 +0000 https://flagtheory.com/?p=15584 Labuan – The best ‘unknown’ place to set up a crypto startup [UPDATE – January 2019 –  On January 15th 2019, Malaysian’s Capital Markets and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019 came into force – regulating cryptocurrencies as securities. Further clarifications from the Malaysian’s Securities Commission (SC) informed that a crypto-asset

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]]> Post-ICO Company Structuring, Banking, Asset Protection and Team Tokens Distribution https://flagtheory.com/post-ico-company-structuring-banking/ Fri, 14 Sep 2018 06:25:13 +0000 https://flagtheory.com/?p=15464 Flag Theory Weekly Letter – Friday, September 14th, 2018 Post-ICO Company Structuring, Banking, Asset Protection, and Team Tokens Distribution When performing an ICO, the main focus of the team is marketing and business development. These efforts are the cornerstone of a successful ICO, no doubt, but sometimes other key aspects are left out. Many ICO

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]]> What you should consider when setting up an Offshore Crypto Fund https://flagtheory.com/offshore-crypto-fund/ Fri, 03 Aug 2018 08:56:07 +0000 https://flagtheory.com/?p=13549 What you should consider when setting up an Offshore Crypto Fund Flag Theory Weekly Letter – Friday, August 3rd, 2018 Despite daily ups and downs, Crypto is here to stay as a new asset class and its adoption is growing at a rapid pace. Although there are some issues to continue to make cryptocurrencies more

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]]> Why set up an Exchange in Estonia (or why not) https://flagtheory.com/exchange-in-estonia-ico/ Thu, 26 Jul 2018 21:28:20 +0000 https://flagtheory.com/?p=13396 Why set up a Crypto Exchange in Estonia (or Why not) Flag Theory Weekly Letter – Friday, July 27th, 2018 Estonia is, perhaps, the most technologically advanced country in the world when it comes to government. During the last years the legislative body, voting, education, justice, healthcare, banking, taxes, and policing areas have been digitized

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]]> What you need to know to launch a Regulated ICO in Bermuda https://flagtheory.com/regulated-ico-bermuda/ Thu, 19 Jul 2018 09:54:43 +0000 https://flagtheory.com/?p=13241 What you need to know to launch a Regulated ICO in Bermuda Flag Theory Weekly Letter – Thursday, July 19th, 2018 The crypto regulations wave has begun and for the next two years, we expect to see more and more jurisdictions establishing legal frameworks and restrictions. Although currently ICO’s and cryptos are an unregulated field

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]]> What Malta Crypto regulations mean for ICOs and Exchanges https://flagtheory.com/malta-crypto-regulations-ico-exchanges/ Thu, 05 Jul 2018 11:13:27 +0000 https://flagtheory.com/?p=12771 What Malta Crypto regulations mean for ICOs and Exchanges Flag Theory Weekly Letter – Thursday, July 5th, 2018 The blockchain and cryptofinance wave is here to stay. Its massive adoption is inevitable and with it will come greater regulation and government oversight. Certain jurisdictions are taking a restrictive approach, trying to stop a technology that

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]]> What successful ICOs get wrong, and end up suffering the consequences https://flagtheory.com/successful-icos-issues/ Thu, 28 Jun 2018 12:58:28 +0000 https://flagtheory.com/?p=12640 What successful ICOs get wrong, and end up suffering the consequences Flag Theory Weekly Letter – Thursday, June 28th, 2018 During these last weeks we have talked at length about how to structure an ICO and what you must consider from a legal standpoint to ensure the greatest protection, liability minimization, tax optimization and a

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]]> Why you should consider setting up your regulated crypto exchange in Gibraltar https://flagtheory.com/dlt-license-crypto-exchange-gibraltar/ Thu, 21 Jun 2018 11:49:17 +0000 https://flagtheory.com/?p=12571 Why you should consider setting up your regulated crypto exchange in Gibraltar Flag Theory Weekly Letter – Thursday, June 21st, 2018 About 20 years ago, Gibraltar, a tiny overseas British territory located on the Spanish southern coast with a population of fewer than 35,000 inhabitants, began to establish the foundations of what would be one

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]]> How to set up an ICO – Part 6: Ongoing Business, Bank Accounts & Conclusions https://flagtheory.com/ico-bank-accounts-ongoing-business/ Fri, 15 Jun 2018 10:52:34 +0000 https://flagtheory.com/?p=12476 How to set up an ICO – Part 6: Ongoing Business, Bank Accounts & Conclusions Flag Theory Weekly Letter – Friday, June 15th, 2018 After 5 articles reviewing the whole process of how to structure an ICO today we get to the final chapter: how to structure the ongoing operations post-ICO, open bank accounts and

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]]> How to set up an ICO – Part 5: The Proceeds, ICO Tax & Structuring https://flagtheory.com/initial-coin-offering-ico-tax-optimization/ Tue, 12 Jun 2018 11:12:06 +0000 https://flagtheory.com/?p=12422 How to set up an ICO – Part 5: The Proceeds, ICO Tax & Structuring Flag Theory Weekly Letter – Tuesday, June 12th, 2018 We have already talked about the fundamentals to launch an ICO, its corporate structure, the issuing entity, and key aspects to take into account when carrying out the sale. In this

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]]> How to set up an ICO – Part 4: The Token Sale (KYC, Terms & Conditions and Marketing) https://flagtheory.com/token-sale-kyc-aml-terms-marketing/ Fri, 08 Jun 2018 11:38:17 +0000 https://flagtheory.com/?p=12379 How to set up an ICO – Part 4: The Token Sale (KYC, Terms & Conditions and Marketing) Flag Theory Weekly Letter – Friday, June 8th, 2018 During these last weeks, we have been reviewing the process of how to set up an ICO, the fundamental aspects, and the corporate structure. Then we reviewed in more detail

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]]> How to set up an ICO – Part 3: The ICO Issuer https://flagtheory.com/incorporate-ico-token-issuer/ Tue, 05 Jun 2018 11:36:13 +0000 https://flagtheory.com/?p=12358 How to set up an ICO – Part 3: The Token Issuer Flag Theory Weekly Letter – Tuesday, June 5th, 2018 In previous chapters of How to set up an ICO we talked about the fundamentals and key aspects to take into account when launching an ICO and how necessary it is to establish the

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]]> How to set up an ICO – Part 2: The Corporate Structure https://flagtheory.com/ico-corporate-structure/ Fri, 01 Jun 2018 11:59:07 +0000 https://flagtheory.com/?p=12277 How to set up an ICO – Part 2: The Corporate Structure Flag Theory Weekly Letter – Friday, June 1st, 2018 In the first chapter of How to set up an ICO, we discussed the fundamental aspects to consider before deciding to launch an ICO. If you missed it, you can read it here. Today

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]]> How to set up an ICO – Part 1: The Fundamentals https://flagtheory.com/set-up-an-ico-fundamentals/ Wed, 30 May 2018 00:39:46 +0000 https://flagtheory.com/?p=12180 How to set up an ICO – Part 1: The Fundamentals Flag Theory Weekly Letter – Tuesday, May 29th, 2018 At this point, ICOs do not need many presentations. A new model of crypto financing exploded in 2017 with more than 400 successful ICOs raising collectively more than $5.6 billion, this figure has already been

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]]> Security Token vs Utility Token – First and most important rule of doing an ICO: Know Thyself https://flagtheory.com/ico-utility-security-token/ Thu, 17 May 2018 10:41:41 +0000 https://flagtheory.com/?p=11827 Utility or Security Token? First and most important rule of doing an ICO: Know Thyself Flag Theory Weekly Letter – Thursday, May 17th, 2018 ICOs are currently on the everyone’s minds. In 2017 they exceeded venture capital financing and became the number one method to finance blockchain startups. The trend is exponentially growing.  To date in

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]]> Why many ICOs struggle to get banking… and some don’t get it https://flagtheory.com/banking-for-icos/ Thu, 10 May 2018 11:54:13 +0000 https://flagtheory.com/?p=11758 Why many ICO’s struggles to get banking… and some don’t get it Flag Theory Weekly Letter  – Thursday, May 10th, 2018 One of the main headaches for organizations that launch an ICO is to obtain a bank account. It is very complicated, if not impossible, for any organization to operate entirely in cryptocurrencies. You have to pay

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]]> Where to start your cryptocurrency business https://flagtheory.com/where-to-start-your-cryptocurrency-business/ Fri, 27 Apr 2018 00:57:27 +0000 https://flagtheory.com/?p=11614 Where to start your Cryptocurrency Business Flag Theory Weekly Letter – Thursday, April 25th, 2018 The cryptocurrency and blockchain space will see increased regulation and government oversight as tokenizing assets is a trend that will not go away. All types of financial incumbents will begin to tokenize. There will also be simultaneous lobbying of governments

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]]> More affordable Second Passports, AEOI and Cryptocurrencies https://flagtheory.com/more-affordable-second-passports-aeoi-and-cryptocurrencies/ Wed, 18 Apr 2018 23:50:30 +0000 https://flagtheory.com/?p=11609 More affordable Second Passports, AEOI, and Cryptocurrencies Flag Theory Weekly Letter – Thursday, April 19th, 2018 It has been a while since I last wrote to you, I have been really busy starting a new project (SelfKey) and making sure that our clients at Flag Theory received the best service. From now on, I will

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]]> What you should know before participating or launching an ICO https://flagtheory.com/participate-launch-ico/ Mon, 19 Mar 2018 04:05:51 +0000 https://flagtheory.com/?p=11910 What you should know before participating or launching an ICO Today I want to tell you about the Initial Coin Offering ( ICO ) madness. What is an ICO Traditionally, technological startups went to banks and venture capital to obtain financing in exchange for stock in the company or a high-interest rate loan/bonds to the company. To

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]]> Foundations for Initial Coin Offerings https://flagtheory.com/foundation-initial-coin-offering-ico/ Fri, 06 Oct 2017 03:19:21 +0000 https://flagtheory.com/?p=8308 Where to Set Up a Foundation for an ICO (a comparative analysis) One of the most suitable legal entities for holding a token sale or an “ICO” – initial token offering is a foundation. We’ve written previously about how to do a successful token sale from a legal perspective and the potential pitfalls to watch

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]]> How to do a successful Initial Coin Offering (and not get sued) https://flagtheory.com/successful-initial-coin-offering/ Tue, 09 May 2017 05:45:02 +0000 https://flagtheory.com/?p=5538 How to do a successful Initial Coin Offering (and not get sued) (UPDATE: We’ve written a new article on where to set up a company and the proper corporate structure to run an Initial Coin Offering, check it out here.) To IPO – or issue an initial public offering to the public is the time

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