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ARTICLE · 01 FEBRUARY 2018

How Crypto-Tokens Qualify Under Swiss Law: A Comprehensive Framework

MLL Meyerlustenberger Lachenal Froriep Ltd
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Blockchain technology has become a reality as part of the digitalisation of the economy.

SwitzerlandTechnology

Blockchain technology has become a reality as part of the digitalisation of the economy. Every day, there is proof of disruptive transformations of long-standing mechanisms into new ecosystems on the blockchain. While existing market participants are in many cases overwhelmed by the new normal, the new players operate with the greatest creativity and efficiency.

There are no limits to the new ecosystems. The blockchain offers countless possibilities of disintermediation, of participating in and transferring assets, of recordkeeping and of creating e-commerce beyond the boundaries of national currencies. And we are only at the beginning of this transformation.

Tokens created on the blockchain can be used to represent a wide variety of instruments and processes. For example, a new means of payment can be created or indirect rights to shares, loans or access rights can be digitised. The legal qualification of the tokens is a major challenge due to the

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