Digital Currency: An International Legal and Regulatory Compliance Guide

Digital or ‘virtual’ currencies pose significant challenges for government, financial and legal institutions because of their non-physical nature and their relative anonymity to physical ...
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Digital Currencies as Securities and Their Impact on Regulation

Pp. 67-70 (4)

Jeffrey H. Matsuura

Abstract

Digital currency can be applied in ways that subject the currency to regulatory oversight as financial securities. Digital currency platforms can be used to support and operate electronic trading exchanges for the sale and purchase of financial securities. This dual nature of virtual currency systems subjects those systems to multiple levels of regulatory oversight. To the extent that digital currency is used as a security, it is subject to traditional securities regulation. When virtual currency platforms operate to enable securities trading, they are subject to regulatory oversight as securities trading exchanges. The dual nature of digital currency systems substantially increases the scope and complexity of legal compliance efforts.

Keywords:

Australia, crypto-stocks, cyber-securities, electronically traded funds, exchange traded notes, Finland, Ireland, Israel, Overstock.com, Project Medici, securities, Securities and Exchange Commission, stocks, Sweden, trading exchange.

Affiliation:

Enterprise Business Law Group LLC, USA.