英文摘要 |
Cryptocurrencies can be categorized as payment tokens, utility tokens and asset tokens. Utility tokens and asset tokens can be new tools to raise funds such as Initial Coin Offering (ICO) and Security Token Offering (STO), but whether such tokens will be deemed as securities and be regulated by Securities Act can be a question. In July 2019, Taiwan Financial Supervisory Commission, pursuant to Article 6 of Securities and Exchange Act, promulgated a ruling under which securities tokens with characteristics of liquidity and investment shall be securities. The ruling is based on so-called Howey Test to examine whether a given token shall be investment contract and concludes that only debt tokens and profit-sharing tokens meet the criteria. However, such method to identify whether a token shall be security deserves a further analysis. In the meantime, other types of tokens are not securities, but they can be commodity and service traded in the market, and how to effectively regulate such types of tokens could be challenging for the competent authority. This proposal is expected to conduct a comparative research and to propose suggestions for our future policy reform by studying regulations of the United States. |