DIGITAL FINANCE
Legal and tax aspects of crowdfunding and cryptoactives
The Book
Jean-Marc Moulin,
University Professor
Matthieu Quiniou,
Doctor of Law
Axel Gasser,
PhD student in blockchain
Under the coordination of
Ghislaine Bouillet-Cordonnier,
Doctor of Law
Presentation
Digital financing is an innovative and evolving field par excellence, which is already an almost unavoidable step from start-up financing to the largest players in the economic world, whatever their legal form. However, the term “digital financing” covers a range of distinct realities, from simple participatory financing or Crownfunding to blockchain-related financing covering Initial Coins Offering (crypto-currencies/assets), Security Token Offering (tokens) or even emerging instruments such as DeFi and Teal contracts.
This book is therefore aimed at all lawyers, legal directors and chartered accountants wishing to strengthen their knowledge of the digital world, as well as financial engineering professionals wishing to learn about the latest reforms of the Pacte Act placing France as one of the first countries overseeing ICOs, the latest positions of the AMF and its regulations, as well as developments in doctrine and practice.
Contents
The Preface
Reading through this book, which is a remarkable body of knowledge, one cannot help but notice that, far from being at odds with society, the law is often the driving force behind the transformations at work. Take, for example, the subject of digital finance. Many of our contemporaries are completely unaware of this subject, yet as lawyers and legal professionals, we know that it is at the heart of many day-to-day transactions.
Because we are aware of it, because we have a front-row seat
to observe the evolutions and revolutions in finance enabled by digital technology, we are undoubtedly best placed to explain the fundamentals and explore their new frontiers. That’s the aim of this book, which for the first time brings together regulatory and practical information on the subject.
With new materials and new frontiers come legitimate concerns. The best way to respond to the tormented and the skeptical is to give them access to knowledge that, while technical, is exhaustive. Market players need to know what risks they are running, and what opportunities lie ahead. In this book, they will find reassurance in the source of a new law already adapted to their practice.
Hand in hand, talented researchers and reputable lawyers unravelled the intricacies of digital finance. This blend of expertise and experience sheds new light on a field of law still considered a “niche”. We linger over doctrine, explore jurisprudence and discover new legal markets. And we can’t go any further without asking the question of the lawyer’s role in this process.
Whether you call him a trailblazer, a guide or an adviser, the lawyer is an essential ally for any customer venturing into these “new legal lands”. At once able to translate the standard, identify risks and suggest the right framework for the development of your practices and businesses. At a time when transformations in the digital finance sector are occurring at incredible speed, it is becoming the preferred partner of those who refuse to be the victims of the changes underway.
This book is an invitation to use the law for what it is, the indispensable tool for your success, and your lawyer for what he offers you, the shortest route to success. I wish you an enlightened reading.
Foreword by Olivier Cousi, Batônier de Paris
How to use legaltech
The book includes a Legaltech section, with digitalized, customizable forms and tutorials. The modules offered in paper format in the book can be edited in Word and PDF. All you have to do is log in using the personal identifier allocated to you on the QR Code, which will take you to the url https://albatross.legal-pilot.com.
Your username is personal and can only be legally activated by those who have purchased the paper version. This link will remain active for 24 months from the date of publication. With this digital version of the book, you can customize the modules as you wish.
The site is accessible under MAC and WINDOWS. To take full advantage of it, you are advised to keep your operating system (OS) up to date and to use an up-to-date version of your web browser – preferably Google Chrome or Microsoft Edge.
Failure to comply with these recommendations may result in access to a downgraded version of the site.
If you encounter any problems regarding access to or use of the site, please refer to the general terms and conditions of use available on the site or contact Legal Pilot at contact@legal-pilot.com (more details on page 193 of the book’s disclaimer).
List of documents available on LEGALTECH :
- Digital tax tutorial in French
- Digital tax tutorial in English
- Customizable/digitized legal qualification questionnaire in French
- Digital legal qualification questionnaire in English
- AMF document on participative financing
- AMF document on minibonds
- Key investment data sheet
- Clausier on money laundering and the fight against terrorism in French
- Clausier on money laundering and the fight against terrorism in English
- Glossary
A Solidarity Project
This collective effort represents a unique and mutually supportive project in the legal market, combining :
- Professors/Doctors of Law and lawyers who are recognized specialists in FINTECH and digital law, showing that France is ahead of the game in this area.
- Legaltech, Legal Pilot, which, within a probono framework, made available its cutting-edge tool for digitizing and customizing forms and clausiers
- a publishing house, EFE, which has supported us relentlessly in publishing our opus in both digital and paper form, and contributed to its selection for the Cercle Montesquieu Prize
- the unfailing support of our late Bâtonnier Olivier Cousi, for his wise preface and advice
- a common desire on the part of all stakeholders to contribute to educating young people about sustainable development and the environment, by donating two-thirds of the royalties to the Albatross Foundation
Our partners
