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ARTICLE · 01 MARCH 2018

Initial Coin Offering (ICO) & Co. – A Swiss Law Perspective

Initial Coin Offerings or Token Generating Events are perceived as an unregulated means of raising funds by issuing virtual coins or tokens intended to become a new cryptocurrency.

SwitzerlandTechnology

Initial Coin Offerings (ICOs) or Token Generating Events (TGEs) are perceived as an unregulated means of raising funds by issuing virtual coins or tokens (hereinafter: Tokens) intended to become a new cryptocurrency. Many start-ups consider ICOs or TGEs as an alternative to the expensive traditional capital-raising processes.

Tokens issued in an ICO/TGE, however, are still subject to legal scrutiny and ICOs/TGEs have come into the focus of the regulators in the USA (SEC) and Singapore (MAS) regarding their compliance with existing capital markets regulations.

Relevant Issues

Tokens are created and disseminated using distributed ledger or blockchain technology. The start-ups create a so called whitepaper which explains the project to be funded by the ICO/TGE in detail. Token purchasers fund the development of a digital platform, software or other projects. The Tokens may be used to access the platform, use the software or otherwise participate in the project or

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