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Discover Security Token

Different countries have different rules and requirements for the issuance and trading of security tokens, so companies issuing these tokens need to be aware of and compliant with the relevant regulations in each market they operate.

This is where Finjuris comes into picture.

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What are Security Tokens?

Security tokens, in the context of finance and blockchain technology, are digital tokens or digital representations of real tradable assets. These assets can include various financial instruments such as equities, bonds, real estate, or other forms of ownership or rights. Security tokens are designed to provide certain legal and financial rights and are subject to regulatory compliance, making them distinct from utility tokens or cryptocurrencies.

How are Security Tokens Utilized?

An organization that wants to issue shares to investors can utilize a security token that provides the same benefits as traditional securities like as shares, voting rights, and dividends. Because blockchain technology underlies security tokens, the benefits are enormous.

Benefits of security tokens include

Transparency

Everything on a blockchain network is auditable, including the identities of members. Everyone has access to the ledger, which allows them to keep track of their holdings and the issue of certain fungible and non-fungible tokens.

Instant Settlement

Clearance and settlements are a top priority for investors wishing to transfer assets. While deals are usually completed swiftly, reassigning ownership might take many days. The procedure is automated and speedy on a public ledger.

Availability

Existing financial marketplaces operate on their own timetables – usually just during business hours, as physical labour is necessary, and only for a limited time. A blockchain-based marketplace, on the other hand, is always active, regardless of the time of day.

Divisibility

Asset tokenization creates a multitude of investing options for everyone, from Wall Street-backed hedge funds to ordinary investors trading on Robinhood. For example, a $10 million Picasso painting may be tokenized into 10,000 parts, each worth $1,000. Tokenization will democratize asset access while improving accessibility and granularity.

Types of Security Tokens

Asset Backed Tokens

Tokens like this indicate ownership of things like real estate, art, carbon credits, or commodities. Because blockchain is safe, irreversible, and transparent, it allows for a reliable record of transactions; it lowers fraud and improves settlement time, making it a perfect match for commodities trading. Asset-backed tokens are digital assets that have properties comparable to commodities such as gold, silver, and oil, which provide value to these tradable tokens.

Equity Tokens

Except for how ownership is documented and transferred, an equity token is comparable to regular stock. Traditionally, share tracking has been maintained in a database, with share ownership printed and validated on paper certificates. Instead, an equity token is stored on an immutable ledger that is kept up to date by tens, hundreds, or even thousands of computers networked throughout the world. Holders of equity tokens are entitled to a part of the firm's profits and have the ability to vote. Equity tokens assist a company's decision making, financial outlook, and regulatory frameworks in three ways:

Debt Tokens

A debt token is a short-term loan with an interest rate granted to a corporation by investors - it might be real estate mortgages, corporate bonds, or another sort of structured debt. The price of a debt token is determined by 'risk' and 'dividend'; this is due to the fact that a medium risk of default cannot be priced the same for a real estate mortgage and a bond for a pre-IPO firm. A smart contract, which symbolizes debt security, exists on the blockchain network. Repayment conditions are specified in the contract, determining the dividend model and risk elements of the underlying debt.

Here are some key features of security tokens

Regulatory Compliance

Security tokens are subject to securities regulations in the jurisdictions in which they are issued and traded. This means they must comply with laws that govern the issuance, trading, and ownership of securities, such as the U.S. Securities and Exchange Commission (SEC) regulations.

Ownership and Rights

Security tokens represent ownership or rights in an underlying asset. For example, a security token can represent ownership in a company, which may entitle the holder to dividends, voting rights, or a share of the company's profits.

Fractional Ownership

Security tokens can enable fractional ownership of high-value assets like real estate or artwork. This means multiple investors can own and trade fractions of an asset.

Automation and Efficiency

Blockchain technology, often used in the issuance and trading of security tokens, allows for automation of various processes, reducing administrative overhead and streamlining activities like dividend distribution and asset transfer.

Global Access

Security tokens can be traded on digital asset exchanges, which can provide broader access to investors globally. This potentially increases liquidity and market efficiency.

Lower Costs

Digital issuance and trading of security tokens can potentially reduce costs associated with traditional financial intermediaries.

Transparency

Transactions involving security tokens are recorded on a blockchain, providing transparency and an immutable ledger of ownership.

Regulatory environment for security tokens can vary significantly from one jurisdiction to another. Hence it becomes difficult for business owners to keep a track on regulatory requirements.
The development and adoption of security tokens have the potential to reshape traditional financial markets by increasing efficiency, reducing costs, and expanding access to a wider range of investors.
However, because of the regulatory complexities, the adoption of security tokens has been relatively slower compared to non-security tokens like cryptocurrencies.

Why Should Companies Approach Techno-Legal Firms for Assistance?

When a company wants to launch a security token, they often require legal services by law firms well aware of technology to navigate the complex regulatory landscape surrounding securities offerings. Finjuris provides a range of legal services to assist companies that wish to launch their own security token in compliance with relevant laws and regulations.

Our services

Regulatory Compliance
  • Advising on and ensuring compliance with securities laws and regulations in the relevant jurisdictions.
  • Assisting with compliance with regulatory authorities in the relevant jurisdictions.
Token Classification

Determining whether the token qualifies as a security under applicable laws and regulations.

Offering Structure

Structuring the token offering to align with the legal requirements of the jurisdiction.

Due Diligence

Conducting due diligence on the company to ensure that all required disclosures are accurate and complete.

Offering Documents

Drafting and reviewing offering documents, such as the Private Placement Memorandum (PPM) or offering circular, which provide important information to potential investors.

Investor Accreditation

Advising on the accreditation of investors, which may be a requirement under certain exemptions from securities registration.

Marketing and Advertising

Ensuring that marketing and advertising materials comply with securities laws, including restrictions on solicitation.

Token Issuance

Assisting with the token issuance process, including the creation and distribution of tokens to investors.

Custody and Transfer

Advising on the custody and transfer of security tokens, which may involve working with custodians or other intermediaries.

Secondary Trading

Providing guidance on secondary trading of security tokens, including on compliant trading platforms or exchanges.

Enforcement and Litigation

Providing legal representation in the event of regulatory enforcement actions or disputes related to the security token offering.

Intellectual Property

Advising on intellectual property issues related to token technology and branding.

Data Protection and Privacy

Addressing data protection and privacy issues, especially if the company collects and processes personal information in the course of its security token offering.

It's crucial for companies launching security tokens to work closely with experienced legal counsel to ensure compliance with securities laws, as non-compliance can lead to legal and regulatory issues. Additionally, the specific services required may vary based on the company's location, the nature of the offering, and the applicable regulations in the jurisdiction in which they operate.

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