Nov 14, 2017
If it walks like a duck and quacks like a duck, then according to the SEC it’s a duck. Or, more likely, your so-called utility token is more likely a security.
If you don’t know the difference between a security token and a utility token, you should listen to this episode.
Even if you think you do, you should listen anyway.
In this episode I interview Marc Boiron – ICO and blockchain attorney at Rutan and Tucker in Orange County.
Marc has leveraged his strong corporate and securities law background and his near obsession with blockchain technology to build a practice advising blockchain companies on a breadth of issues, including ICOs, smart contracts, and cryptocurrency laws.
Because, after all, nobody looks good in orange…
Check out the full episode here:
1:10 - Marc’s background and focusing his law practice on blockchain technology.
2:22 - Why Delaware is often sought for business incorporation.
3:47 - How Delaware approached the way blockchain relates to the law.
6:07 - Some issues regulators are facing with ICOs so far.
9:23 - How this affects startups, why Delaware is so much the focus of discussions like this and why companies are going offshore to avoid ICO regulations.
13:23 - Looking at the example of Tezos and what it means for the velocity of change in this industry.
15:41 - Points of reference for the scale of cryptocurrency and what kinds of firms Marc sees getting involved with blockchain and cryptocurrencies.
18:00 - How the ICO/TGE markets are maturing and becoming increasingly global.
20:26 - The process that established US companies have to take in order to be seen as an offshore entity and some of the associated costs with ICOs.
26:24 - Where Marc sees the big issues coming from and what he expects to be working on in 12 months.
30:18 - The two-step process for ICOs with startups.
31:21 - How doing a token presale to the public can work.
32:20 - Comparing tokens to a normal regulation D offering and how that could split the capital raising world.
33:51 - The potential for one big, global market for cryptocurrencies compared to all the separate markets that are currently active.
35:41 - Marc’s view of the future of cryptocurrencies in places like the US.
37:23 - The explosion of change in Marc’s field.
39:43 - The questionnaire.
43:38 - Getting in touch with Marc and learning about what he’s up to.
Resources and Links Mentioned:
Email Marc at mboiron@rutan.com or call at 714-338-1861