Legal and regulatory assistance for crowdfunding services as well as platform-building related to novel fund-raising methods, including ICOs and STOs, and the issuance, management and operation of tokens
Market Developments: Crowdfunding
Rapid growth in the area of crowdfunding, a framework that typically connects new and growing companies with small-amount individual investors via the internet, broadens the source of fund-raising available to risk capital, but also exposes investors to a higher degrees of risk. Against this background, legal restraints have been imposed on crowdfunding to strike a balance between the fund-raising needs of entrepreneurs and the protection of individual investors.
Specifically, crowdfunding comprises “donation-based,” “reward-based” and “equity-based” crowdfunding. As an example of the issues involved, the application of the Financial Instruments and Exchange Act and the Money Lending Business Act becomes a concern if the activity in question falls under “equity-based” crowdfunding.
Market Developments: ICOs and STOs
Blockchain fund-raising has the potential to replace traditional means of fund-raising in meeting latent fund-raising needs and contributing to the digital transformation of fund-raising globally.
An example is ICOs (Initial Coin Offerings), where funds are raised through the issuance of digital tokens using blockchain technology. STOs (Security Token Offering) are another blockchain fund-raising method which is subject to securities regulation following amendments to the Financial Instruments and Exchange Act.
Compliance challenges vary widely depending on the structure employed in crowdfunding, ICOs and STOs. Additionally, because of the frequent amendment of applicable laws, regulations and guidelines, including the Payment Services Act and the Financial Instruments and Exchange Act, a comprehensive understanding of both the details of the amendments as well as the regulatory history is important. Further, with respect to the evolving area of crowdfunding, consultation with the responsible authority is vital prior to implementation.
The firm boasts a number of lawyers who have been seconded to administrative agencies with jurisdiction over the Payment Services Act, the Financial Instruments and Exchange Act and other regulations relevant to crowdfunding, ICOs and STOs and who still actively participate in committees and associations that spearhead the formulation of rules in this area. Our specialists in this area support regulatory registrations and notifications and advise on regulatory limitations, and the administrative and operational aspects of crowdfunding, ICOs and STOs.
- Public Service
- Report released by the “Study Group on Finance and Restructuring Practice Utilizing All Asset Security” on an investigation commissioned by the Financial Services Agency in which one of the firm’s attorneys-at-law was involved
- Top Ranking Received From Chambers FinTech 2023
- Top Ranking Received From Chambers FinTech 2022
- Public Service
- Masakazu Masujima became a member of Public-Private Group for Promoting Blockchain, Cabinet Secretariat
- MHM was highly commended among shortlisted candidates in this year’s Financial Times Asia Pacific Innovative Lawyers Awards
- Mar. 30, 2023External Seminars
- "4th Asia-based International Financial Law Conference 'Session two: Fintech’s impact on Asian financial markets I: the regulatory and legislative developments in STO and digital exchanges' "
- "Cryptoassets Law (2nd ed.)"
- Book Article
- "Fundamentals of Legal Practice Regarding Blockchains and Latest Trends - From Regulations on Crypto-Assets to NFT"
- "Asking Attorney Masafumi Masuda about Everything You Should Already Know about Web3, NFT, and Metaverse"
- Magazine Article
- "Zoom In: Key Points Regarding Financing Using Investment Crowdfunding - Accurate and Full Disclosure of the Purpose of Use of Funds, Etc. is Essential"
- "Global Legal Insights - Fintech 2022 - Vietnam Chapter"