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Právní regulace tzv. ICO (Initial Coin Offering) / The Law and Regulation of ICO (Initial Coin Offering)Kandrík, Maroš January 2019 (has links)
The Law and Regulation of ICO (Initial Coin Offering) Abstract This diploma thesis deals with legal analysis of ICO (Initial Coin Offering) and legal analysis of tokens that are issued within an ICO. The thesis aims to find out whether and to what extent an ICO is subjected to initial public offering law and whether the tokens can be characterized as things, securities, dematerialized securities, and electronic money. In the first part of the thesis, I define the basic concepts and terms. Definitions and terms are supplemented by the technical and economic background of each respective institute. The first part also briefly summarizes the historical development of ICO, which shaped it into its present form. The second part of the thesis deals with the legal categorization of tokens. Firstly conceptual features of the thing in the legal sense, dematerialized security, security, and electronic money are established. Subsequently, it is examined whether the tokens can fall within these conceptual features or not. In the chapter regarding securities, it is pointed out that different understanding of securities in public and private law may have some negative consequences. The analysis of the contractual relationship between the issuer and the investor is also addressed in the second part. In the third part, ICO...
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