Smartblock Law Blog
Legal framework overviews, regulatory updates, case reviews, and discussion points.
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
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
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)