Smartblock Law Blog
Legal framework overviews, regulatory updates, case reviews, and discussion points.
Central Bank Digital Currency: 10-Minute Legal Primer
This slideshow was presented for a webinar on central bank digital currency (CBDC), for the Blockchain Hub’s webinar series, Digital Innovation For the Post-COVID-19 Era.
Chetan Phull · May 1, 2020
A Legal Update on Canada’s Framework for Virtual Currencies and Digital Assets
Canadian regulations governing digital assets are maturing rapidly and in harmony, so far.
Chetan Phull · July 10, 2019 (addendum Oct 30, 2019)
Liability with no control
If decentralized systems are used to limit liability in cyberspace, we will need new guideposts for liability and law enforcement.
Chetan Phull · June 11, 2019
Securities Registration Requirements for Blockchain Businesses
Blockchain companies in the business of security tokens must register with the securities regulator. Exchanges must formally apply to carry on business as an exchange.
Chetan Phull · July 17, 2018
Prospectus Exemption Options for Blockchain Businesses
The prospectus requirement for ICOs / ITOs is expensive and time consuming. It is important to understand the available Canadian prospectus exemptions, because they can be used repeatedly to raise funds.
Chetan Phull · July 17, 2018
Foreign Issued Tokens Traded Over-the-Counter in Canada
When tokens flow into Canada on the secondary market, certain trading activity could subject the corporation and its management team to a regulatory and/or criminal proceeding.
Chetan Phull · July 17, 2018
“Security Tokens” – A Developing Concept
The “investment contract” definition for security tokens in the U.S. and Canada has a new face. This article considers the developing definition, its impact on the SAFT, and further complexities with the definition of “security” and SAFT regulation in Canada.
Chetan Phull · July 17, 2018 (addenda Jan 24, 2019 | Feb 9, 2019 | Jul 31, 2019 | Sep 30, 2019 | Oct 30, 2019)
Overview of Securities Regulation in Canada
In the specific context of digital asset transactions, securities law regulates how tokens and coins are being issued, distributed and sold. This article provides an overview of the Canadian securities regulatory environment for such transactions.
Chetan Phull · July 17, 2018
Financial Institution Regulations
Is your Canadian cryptocurrency business regulated by the Bank Act? Or perhaps the Trust and Loan Companies Act? Has it considered becoming a member of the Canadian Payments Association?
Chetan Phull · Apr 26, 2018
Cryptocurrency and Monetary Instruments
Cryptocurrency cannot be the subject of an “inland” monetary instrument, but may be capable of a “foreign” monetary instrument. For example, a hardware wallet fashioned into a physical gift card.
Chetan Phull · Apr 26, 2018
Cross-Border Crypto Related Litigation
An overview of an Ontario’s court’s jurisdiction in cross-border disputes, with discussion of recent Canadian cases involving international cryptocurrency businesses.
Chetan Phull · Apr 26, 2018
Enforcing Cryptocurrency Contracts
How to enforce a cryptocurrency-denominated contract, or defend against such enforcement.
Chetan Phull · Apr 26, 2018
Cryptocurrency Can’t Be “Money” in Canadian Commercial Law
At present, a contract denominated in cryptocurrency can only be legal in Canada if cryptocurrency is not “money”. Here’s why.
Chetan Phull · Apr 26, 2018 (addendum June 25, 2018)
What's Next in Crypto-Tax?
The Standing Senate Committee on Banking, Trade and Commerce is due to review its 2015 report on cryptocurrencies this year (2018).
Chetan Phull · Feb 23, 2018
Crypto-Exchange/Wallet Tax Issues
Material tax-purposed questions for cryptocurrency exchanges, wallets and users imply an important issue regarding resulting trusts and tax reporting obligations.
Chetan Phull · Feb 23, 2018
Crypto as Specified Foreign Property
Cryptocurrency as “specified foreign property” under the Income Tax Act is problematic, because of how cryptocurrency is located in fact, held, and accessed.
Chetan Phull · Feb 23, 2018
The CRA’s Present Position on Crypto-Tax
Survey of the CRA’s current position on various cryptocurrency income tax and GST-HST issues.
Chetan Phull · Feb 23, 2018
Crypto-KYC in Canada
An overview of upcoming KYC requirements for businesses "dealing in virtual currencies".
Chetan Phull · Feb 8, 2018
Virtual Currency Regulations in Canada: Will Your Blockchain Business Be Affected?
We anticipate that Canadian regulations on virtual currencies will be released soon. Will Your Blockchain Business Be Affected?
Chetan Phull · Feb 8, 2018
The Law of ICOs/ITOs: Simplified
Initial Coin Offerings, or Initial Token Offerings (“ICOs/ITOs”), have become a popular method for companies to raise capital. This is a general guide for when ICOs/ITOs will trigger securities laws in Ontario.
Chetan Phull · Jan 25, 2018