On 6th April 2018, an RBI circular prohibited all entities regulated by the RBI from dealing in Virtual Currencies (“VCs”) or providing services for facilitating any person or entity in dealing with or settling VCs. Such services include maintaining accounts, registering, trading, settling, clearing, giving loans against virtual tokens, accepting them as collateral, opening accountsRead more
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Ikigai Law’s Tanya Sadana explains the policies issues around Cryptocurrencies in India at MediaNama’s #NAMA Bootcamp on Cryptocurrencies held in New Delhi. Ikigai Law represents leading crypto-exchanges in the Supreme Court challenging the RBI directive banning banking access to these exchanges.
1. INTRODUCTION 1.1 An initial exchange offering(“IEO”) is a crowdfunding mechanism which, for the large part is similar to an initial coin offering (“ICO”) but for certain reasons is considered an improvement over it. Prime amongst these is that an exchange serves as a trusted intermediary between the token sellers[1] and the buyers. This meansRead more
What is the document? The Strategic Hub for Innovation and Financial Technology (“Staff”) of the Securities and Exchanges Commission (“SEC”) recently released a Framework for ‘Investment Contract’ Analysis of Digital Assets (“Framework” or “Document”)[1]. These are essentially guidelines to assess whether an investment into a digital asset (which, per the document includes any asset whichRead more
What was promised? In November 2018, The US Securities and Exchanges Commission (“SEC”) promised to come out with a ‘plain English’ guidance for developers who wished to undertake their own token offerings[1] (‘token’ is used to indicate a cryptocurrency, crypto-asset or a digital asset; these terms are used interchangeably here, strictly for the purposes ofRead more
News has it that Facebook is foraying into online remittances and will introduce a tethered digital asset named “Libra” to fuel this system. Libra will be linked with the INR (i.e. the Indian National Rupee) and each Libra will always convert to 1 INR. How will this play with the April 2018 RBI circular that imposed a deRead more
Introduction With the increasing fanfare around Blockchain technology and the potential it holds for the future, commercial enterprises – Blockchain based and otherwise – are experimenting with paying salaries in cryptocurrency. This initiative broadens the cryptocurrency ecosystem[1] and also helps retain the best tech talent.[2] This post outlines the current cryptocurrency payment ecosystem, industry experienceRead more
The Government’s Position on Cryptocurrency While the novelty factor of cryptocurrency and the blockchain technology has not abated since 2009, Indian regulators have only recently begun evaluating the financial and security risks posed by virtual currencies such as Bitcoin. The Finance Minister, Mr. Arun Jaitley, announced in his 2018 Budget Speech that the government doesRead more
Anish Krishnan, interning with us at TRA for January – February 2018 and Nehaa Chaudhari, Lead – Policy have put together a timeline on key developments on #cryptocurrency law and policy in India. February 10th: Sebi chief states Rules on cryptocurrencies should be out soon. Tyagi, who is part of the committee formed by the government toRead more