Because Poland is part of the E.U., ICOs counted as securities will be subject to both E.U. and Polish regulation.
The European Securities and Markets Authority (ESMA) have issued a statement noting when ICOs might fall within the scope of securities regulation. The statement reads, “Depending on how they are structured, ICOs may fall outside of the scope of the existing rules and hence outside of the regulated space. However, where the coins or tokens qualify as financial instruments it is likely that the firms involved in ICOs conduct regulated investment activities, such as placing, dealing in or advising on financial instruments or managing or marketing collective investment schemes. Moreover, they may be involved in offering transferable securities to the public.”
If an ICO falls under securities regulation this document details the European regulations that it may have to comply with, as listed below.
In January 2018, Poland passed Anti Money Laundering and Countering Financing of Terrorism (AML/CFT) laws regarding cryptocurrencies. While the E.U. regulations only cover crypto-to-fiat and fiat-to-crypto exchange, the Polish proposal would also apply to all crypto-to-crypto exchange. Any trading on an token exchange or any ICO (involving trading ETH for a new token) can be considered a crypto-to-crypto exchange and thus could be under the new AML/CFT regulation. This law requires platforms to carry out due diligence on customers and report suspicious transactions. Uncertainties over the tax and regulatory environments have halted the growth of ICOs in Poland, and this law makes the situation worse. (Source).
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