Category Archives: Autorité des Marchés Financier

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New French ICO Framework Attracts Innovation, Boosts Macron’s Business Plan

France is continuing to follow President Macron’s plan raise its business profile in the world by establishing a legal framework for ICOs.

A recent Autorité des Marchés Financier (AMF) annual report indicated that ICOs are most definitely on the agenda for further regulatory framework as Robert Ophèle, President of the AMF, indicated that the government body would:

“…continue to reflect on changes in the regulatory framework in the face of new offers, in particular, the Initial Coin Offerings (ICO), and to promote at European level the French regulator’s approach to innovation.”

The government has now taken one step further with a new announcement by finance minister Bruno Le Maire that the corresponding legislation, Article 26, had now been “adopted in (parliamentary) committee”, to improve business growth in the country, adding, “This legal framework will attract innovators from around the world of blockchain…”

✅Article 26 adopté en commission #PACTE !

➡Un cadre juridique des #ICO est créé. L’@AMF_actu pourra délivrer un visa aux acteurs respectant des critères de protection des épargnants
➡Ce cadre juridique va attirer les innovateurs du monde entier #blockchain #DirectAN

— Bruno Le Maire (@BrunoLeMaire) September 12, 2018

The legislation will allow the AMF to now approve businesses wanting to launch ICOs in France, given certain criteria are met by companies that “those projects provide specific guarantees for investors”.

Law firm Kramer Levin sees the new legislation providing a clear a definition of tokens for would-be French investors, suggesting that a token is:

“An intangible property representing, in numerical form, one or more rights that can be issued, registered, conserved or transferred using a shared electronic registration mechanism that facilitates the identification, directly or indirectly, of the owner of said property.”

After the lackluster and largely ineffective government led by previous president Francois Holland, Macron’s new regime has taken businesses to task with real vigor in an attempt to refresh outmoded business practices and regulations and inspire overseas faith in a new forward-looking approach, largely driven by government.

President Macron is seen by those that know him well and experts in the sector as a pro-tech leader, believing that he will further the interests of startups in the crypto industry as part of his business rejuvenation plan for the nation.

 

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French Regulators May Be Taking Next Step Towards Easing the Path for ICOs

The French government seems to be moving towards regulating ICOs in 2018, according to a recent Autorité des Marchés Financier (AMF) annual report, writes CoinGape.

According to AMF’s report,  ICOs are most definitely on the agenda for further regulatory framework as Robert Ophèle, President of the AMF indicated recently, suggesting that the government body will:

“…continue to reflect on changes in the regulatory framework in the face of new offers, in particular, the Initial Coin Offerings (ICO), and to promote at European level the French regulator’s approach to innovation.”

The AMF last published an update in February of this year with its analysis of the legal qualification of cryptocurrency derivatives, as well as ICO guidance resulting from a public consultation of the relevant actors on the French market, according to law firm Kramer Levin.

The AMF has now launched a program of research called UNICORN (Universal Node to ICO’s Research & Network) in order to give greater clarity to those involved and to better protect potential investors. The government body has also suggested that more academic research is necessary, although it has rather followed the direction of many governments globally of promoting awareness campaigns to point out the risks of Bitcoin to “unsuspecting” potential investors.

On a positive note, it appears that the AMF has accepted that ICOs may have a productive place within France’s financial structure in the not too distant future. Ophèle said:

“In parallel, considering that certain forms of ICO could in the future constitute an alternative mode of financing for a segment of the economy in connection with blockchain technology, the AMF has launched a program of support and research of ICOs.”

The French press is far more upbeat on the question of coin offerings, recently suggesting that France should become ‘la Capitale des ICO’. The recent AMF suggestions require that best practices should be clear and complied with, also that they could extend the scope of current regulations which treat ICOs as public offerings of securities. Another suggestion is to issue an ICO license based on the regulatory model.

In response to these suggestions, the AMF received 82 responses, most of which chose for the new regulation to be optional, with a specifically tailored framework.

 

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