Blockchain securities: Validating initial coin offerings as investment contracts

Date of Publication

5-5-2018

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Securities Law

College

College of Law

Department/Unit

Law

Thesis Adviser

Sergio M. Ceniza

Abstract/Summary

Cash is the first mode of payment to come in mind when one is process of purchasing an item or availing of a service. It comes at the mere expediency of pulling out bills and coins and extending the same to the other party. The present day is, however, no longer that simple. With the advent of the internet and online shopping, one may eventually deal with another through the cyberspace where no centralized bank process or tender is easily accessible by both parties. It is in light of this situation that cryptocurrencies gradually gained popularity over the past decade. They are quick, cost-effective, require lesser formalities for use and provide some measure of security through encryption in the blockchain system. Innovation knows no bounds as users eventually took advantage of these characteristics by extending its use to other purposes. One such example is the fundraising model known as the Initial Coin Offering, described to be a hybrid between equity crowdfunding and Initial Public Offering.

This research will explore the nature of the Initial Coin Offering activities as investment contracts within the Philippine sphere. Its determination as such is necessary to identify the applicable laws and recommend regulatory measures for the protection of its users, potential investors and the general public. Proper regulation is urgent considering the decentralized and pseudo-anonymous nature of cryptocurrencies which makes it susceptible to both money laundering activities and investment scams.

Abstract Format

html

Language

English

Format

Electronic

Accession Number

CDTG008268

Keywords

Blockchains (Databases)—Law and legislation--Philippines; Securities--Philippines; Cryptocurrencies—Law and legislation

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Embargo Period

4-29-2025

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