Category Archive: Regulation

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Switzerland Bitcoin Regulation will arrive next year

Switzerland Bitcoin Regulation might arrive next year.

Recently its national railway service “have jumped on the bitcoin bandwagon”, as explained by Coindesk, so now it’s time for Switzerland to start regulating fintech and digital currency.

A few days after the Swiss railway-related announcement, as SBB decided to sell bitcoin through its network of ticket kiosks – the Federal Department of Finance (FDF) announced its plans to regulate fintech with the goal of introducing a new regulation next year.

Key elements include plans for a new kind of license geared specifically toward fintech companies and a so-called regulatory “sandbox” for experimental firms. Under the proposed regime, the Financial Market Supervisory Authority would become the primary regulator of fintech firms working in Switzerland.

In a press release, the FDF explained that it will guide more researches about bitcoin and other digital currencies and it will study the distributed ledger broader applications .

The company explained:

“The FDF should conduct additional clarifications in cooperation with the interested authorities on reducing further barriers to market entry for fintech firms, also those outside financial market law (e.g. legal treatment of virtual currencies and assets).”

During a recent speech, Ueli Maurer, Swiss Finance Minister, commented that the proposed Switzerland Bitcoin regulation would help to attract more brands – even if the nation positive attitude has already attracted the attention of several blockchain-related startups to make their home in the country.

“We assume that with the steps we have prepared and the commitment we have to the overall financial services industry we can provide a solution that puts us among the top (countries) in the world that regulate this,” he explained.

Read more here about the Switzerland involvement in the fintech sector. 

<img src="/images/SwitzerlandBitcoinRegulation.jpg" alt="Switzerland Bitcoin Regulation" height="264" width="350" />

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Amelia Tomasicchio

Bitcoin as Money recognized in Florida

bitcoin_as_money
 
Florida Senator wants to regulate bitcoin as money in the U.S.A. state.
Senator Dorothy Hukill, in fact, explained that the draft legislation aims at protecting users and startups.
Earlier this year bitcoin was defined as a property during a criminal case judged in Florida itself.
Now Hukill, Republican senator of Florida and member of the Finance & Tax Committee, commented that legislation details still have to be discussed.
These were her words:
“I think you have to recognize it at some level, so you can legislate and protect your constituents. Then you have to figure out what you recognize it as and how you regulate it.”
While Hukill cannot define an exact date, her office suggested the bill will be submitted to the Florida Senate by the end of 2016.
As the legislative session doesn’t begin until March and with the upcoming elections, bills have to wait until November.
Hukill also explained that she will look for industry stakeholders’ feedback, but that process cannot start if the bill is not well defined.

Bitcoin as Money around the world

California, North Carolina and New Jersey and several other states tried to regulate bitcoin.
 
“If we can fit it under our current law, where it’s actually money and can be used legitimately so we’re not chasing people away, that’s what we’re looking to do,” explained the senator.
Hukill explained that the bill she proposed is well needed also due to the growing interest in bitcoin, as a few shops in Florida started to accept the digital currency as a method of payment.

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Satoshi
www.eddieseatery.com28129

Australian commission said blockchain can help governments regulation

On February 15th Greg Medcraft, chairman at Australian Securities and Investments Commission (ASIC), stated that the blockchain can have “profound implications” on how government regulates the markets.
During the Official Monetary and Financial Institutions Forum Roundtable held in London, in fact, Medcraft commented that regulators need to better understand this technology before thinking how to regulate it.

How to adopt the Blockchain

Medcraft also said that if capital markets will adopt the use of the blockchain it will be able to improve market efficiency and the access to markets, decrease fees and help transactions transparency.
“Blockchain will have profound implications for how we regulate. We will need to find the right balance between speed of execution and streamlining of business processes. As regulators and policy makers, we need to ensure what we do is about harnessing the opportunities and the broader economic benefits, not standing in the way of innovation and development.”
Medcraft also spoke about how Australian securities regulators act, talking about surveillance of firms, products released in the market and the development of methods to involve the blockchain.
“We are working to understand how enforcement action can be taken where a transaction entered into here or overseas is recorded in the blockchain”, he said.

Australia is in the vanguard

Previously this year, the Australian Stock Exchange (ASX) revealed its plans to adopt the blockchain for trades clearing and settlement.
To do so, the ASX wants to create its own private blockchain with the partnership of Digital Asset Holdings (DAH).
The first phase of this program will run at the end of 2016 and will replace ASX’s existing trading and risk management systems.
To know more about this project, you can read the full press release here.

Open your free digital wallet here to store your cryptocurrencies in a safe place.

Amelia Tomasicchio

Japan wants to regulate Bitcoin as Currency

japan bitcoin
Yesterday we read about the decision of an American judge to define bitcoin as property, as according to him bitcoin is a intangible personal property rather than a currency.
 
This is a very important matter on which lots of words have been spent since Satoshi Nakamoto invented this cryptocurrency. In fact, this definition has a lot of implications on how bitcoin is regulated, especially in terms of VAT and taxation in general.
 
Well, today Japanese regulators stated the decision to propose bitcoin among the methods of payments, so to define the digital cryptocurrencies as conventional currency.
 
In fact, Japan’s Financial Services Agency (FSA) wants to make “revisions to legislation that would classify digital currencies as fulfilling the functions of currency”, reported Coindesk.
At the moment Japan recognizes bitcoin as a property and not as a currency, but:
“Under the FSA’s proposed definition, virtual currencies must serve as a medium of exchange, meaning that they can be used to purchase goods and services. They must also be exchangeable for legal tender through purchases or trades with an unspecified partner”, said an article by Nikkei.
This possible modification might be submitted during the current legislative session of the Japanese legislature which runs from 4th January to 1st June, even though this it is not official yet.

About the author: Amelia Tomasicchio is a writer and a journalist of Bitcoin-related news and articles. She started writing about Bitcoin in 2014 and she graduated in Rome with an essay about movie industry related to Bitcoin.

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Amelia Tomasicchio
ScreenShot2016 02 15at15.13.24

European Union wants to monitor virtual currencies

On February 2nd the European Commission announced the decision to propose a new regulation for digital currency exchanges and wallet service providers.
In charge of this will be the European Council that has a mandate to do so by next June.
The objective of the new rules will be “to help identify the users who trade in virtual currencies” and also put an end to “the anonymity associated with such exchanges“,
These were the words of Valdis Dombrovskis during yesterday’s press conference:
By June at the latest we will propose measures to have better control of payment forms such as virtual currencies and anonymous pre-paid cards.
Dombrovskis continued by saying that the Commission wants to control and maybe prohibit transactions from high-risk countries that enter the EU: “In June the Commission will come up with an EU blacklist of such countries“, he said.
Dombrovskis previously commented: “We must cut off terrorists’ access to funds, enable authorities to better track financial flows to prevent devastating attacks such as those in Paris last year, and ensure that money laundering and terrorist financing is sanctioned in all Member States. We want to improve the oversight of the many financial means used by terrorists, from cash and cultural artefacts to virtual currencies and anonymous pre-paid cards, while avoiding unnecessary obstacles to the functioning of payments and financial markets for ordinary, law-abiding citizens”.
So this initiative clearly aims at fighting the potential use of virtual currencies by terrorists or criminals, although there isn’t so much evidence of such use.

In fact, a few days ago Europol concluded that there is no connection between Bitcoin and terrorism: “Despite third party reporting suggesting the use of anonymous currencies like Bitcoin by terrorists to finance their activities, this has not been confirmed by law enforcement”, said Europol.“Virtual currencies and their underlying technologies can provide faster and cheaper financial services, and can become a powerful tool for deepening financial inclusion in the developing world,” said IMF Managing Director Christine Lagarde, who presented IMF paper at the World Economic Forum, in Davos, during the panel Transformation of Finance.

A conclusion of the report is that virtual currencies fall short of the legal concept of currency or money. While acknowledging that there is no generally accepted legal definition of currency or money, the authors note that both are associated with the power of the state to issue currency and regulate the monetary system.

Open your free digital wallet here to store your cryptocurrencies in a safe place.

Amelia Tomasicchio
bitcoinist australia fe 640x480

Australia investigating banks for anti-competitive behavior when closing Bitcoin company accounts

Australian authorities are looking into the bank account closures of several Bitcoin companies over the last few years. Specifically, the investigation is looking at anti-competitive behavior. Over the last year, bank actions have increasingly embraced blockchain technology instead of shunning it in the form of bank account closures. Though this type of account closure, for simply being associated with Bitcoin, is a common occurence in the United States, China, and some European countries as well, the Australian authorities are the first to look into at scale – a harrowing victory for those using blockchain technology. The Australia Competition and Consumer Commission (ACCC) chairman, Rod Sims, told the Australian Financial Review:”We are asking the banks why they acted as they did and what contact there was between them.“If ground reports from major Bitcoin companies such as BTC-e and OKCoin, that lost their accounts at the National Australia Bank, are to be believed, the contact was sparse and uninformative. Sims confirmed that the investigation had been ongoing for some time. Australian Senator Matthew Canavan also commented on the investigation:

We have strong laws against one business obstructing another business competing against it. These laws are even tougher for those companies that have the privileged position of a significant market share. Our banks wield great influence in the market and they have a great responsibility under our laws to not misuse that position. I am not sure if that has happened in this instance but there is no doubt that digital currencies do pose a threat to business of banks.

Australian Senate that Might Actually Understand Bitcoin and its Promise

The investigation started as a result of Senatorial interest after the Australian government committed to a deeper understanding of Bitcoin and blockchain technology. One of the conclusions of said research, which has been shared by other governments in the world, was that existing financial laws should be more than enough to prosecute those using Bitcoin for illegal activities. Australia has also had brushes with Bitcoin advocacy groups when a Goods and Services tax was enforced on Bitcoin. Recently, the European Union has also joined the United Kingdom in not enforcing a Value Added Tax on Bitcoin.

A Labor Party Senator, Sam Dastyari, was not surprised to hear about the ACCC investigation. He had previously chaired the Senate investigation into digital currencies. At this time, banks such as the National Australia Bank and other similarly sized institutions around the world are delving into blockchain technology. If anything, this is a clear indication that the swift actions of last year, where both domestic and international Bitcoin companies lost their accounts at Australian banks, were anti-competitive in spirit. Even without the emerging facts regarding bank’s research, investment, and involvement with blockchain projects, the majority of domestic companies brought down by Australian bank action were providing services that were in essence competing with banks.Australia has a large immigrant population from South East Asia that sends remittances back home. Some of the largest Bitcoin remittance companies are based in South East Asia in countries like the Phillipines or India. In Indonesia, Bitcoin is buyable at any of ten thousand plus IndoMaret stores. Australia now seems aptly prepared to benefit from the coming Bitcoin technology boom (bubble as called by some). Once the investigation is over, and banks are 100% clear on what not to do to Bitcoin companies, expect to see more Bitcoin companies return to Australia.

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Satoshi
eu tax authorities confirm bitcoin vat free switzerland

EU’s Top Court Rules That Bitcoin Exchange Is Tax-Free

(Bloomberg) Bitcoin and other virtual currencies can be exchanged tax free, the
European Union’s top court said in a ruling that puts them on a more
equal footing with traditional cash.
Value added tax — a type of
sales levy — needn’t be applied because the business involves “the
exchange of different means of payment,” the EU Court of Justice in
Luxembourg ruled Thursday. The case was triggered by a dispute in
Sweden, where David Hedqvist set up a service for the exchange of
mainstream money for bitcoin and vice versa.
Bitcoin
currency, introduced in 2008 by a programmer or group of programmers
under the name Satoshi Nakamoto, has no central issuing authority and
uses a public ledger to verify encrypted transactions. It has gained
traction with merchants selling legitimate products but also has been
used to facilitate illegal transactions because money can be transferred
anonymously.
“Transactions
to exchange traditional currencies for units of the bitcoin virtual
currency (and vice versa) constitute the supply of services” under the
bloc’s law “since they consist of the exchange of different means of
payment,” the court ruled. As such they are exempt from value-added
taxes, it said.
To exclude such transactions from the tax
exemptions given to traditional exchanges “would deprive it of part of
its effects,” given that the exemption’s aim is to counter “the
difficulties connected with determining the taxable amount and the
amount of VAT deductible” in cases of taxation of financial
transactions, the court said.

Open your free digital wallet here to store your cryptocurrencies in a safe place.

Satoshi

New North Carolina Money Transmitter Bill Could Push Out Bitcoin Companies

How many Bitcoin companies operate in North Carolina? How many will there be? A new piece of legislation making its way through the North Carolina State Senate is attempting to enact further regulations on companies that handle digital currencies such as bitcoin. Originally sponsored by a state representative that also happens to be a vice president at Wells Fargo, the North Carolina legislature has moved forward with H289. H289 has made it through the North Carolina House of Representatives, and has started making its way through their state Senate. Luckily for us, the new senate bill S680 will not be voted on until Spring 2016. S680 is officially drafted by the North Carolina Banking Commission, which specifically mentioned that the proposed legislation is coming about as a result of requests by certain companies seeking clarity about digital currency regulation. It’s pretty easy to figure out which company that is.

The Politician Forgot to Take Off his Banker Hat

Before delving into the implication of this new update to the North Carolina Money Transmitters Act, we should consider the ridiculousness of how it came to be in the first place. The Representative that forgot to take off his hat was none other than Republican Representative Stephen Ross. Officially, his title is Executive Vice President, and he often votes on and sponsors financial industry related bills. Ross has also voted to protect officials that refuse to perform same-sex ceremonies. Such a bill has thus far only seen success in Utah.
A much better example of how to wear two hats can be found in a Virginia Representative. Mark Keam, a vice president for Verizon Communications has vowed to abstain from voting on issues that might present a conflict of interest with his Verizon job. Why this isn’t a basic requirement is still baffling to me. More importantly, Keam committed to not submitting any telecommunications bills during his time on the job. Representative Stephen Ross, from just a state south of Virginia, is truly only representative of the perceived political corruption and rot that fuels the anarchist movement. In a world where people are wearing more hats, both literally and figuratively, better rules to weed out moral hazard and stymie conflicts of interest are needed. More importantly, people who will follow these rules, and not bend them until they break, are also needed.

Coinbase Supports This Bill

As Bitcoin company BitGo’s engineer Jameson Lopp notes in a Medium article, Coinbase is the only Bitcoin company with lobbyists in North Carolina and it is believed that these lobbyists are actively pushing for more regulation of Bitcoin companies. These regulations would benefit companies such as Coinbase but would damage the efficacy of other smaller companies in North Carolina. In fact, Coinbase published a blog post where they praised the proposed legislation out of North Carolina. Coinbase wrote:
We want to thank the NC Bank Commissioner’s office for engaging with industry while modernizing its MTA and working to make NC a welcoming place for tech innovation. Please join us in thanking both Representative Ross and Senator Gunn, who sponsored the legislation in the NC House and Senate, respectively, and in urging the NC Legislature to move quickly in passing the legislation.

Proposed Changes May Harm Some Bitcoin Companies

Previously, the net worth requirement for receiving a license and being a fully legal Bitcoin company in the state was 100K, now it could be 250K. Depending on the volume your company handles, the surety bond that you need to provide could cost as much as 100K more than the previous $150K amount. The application fee itself has increased from $500 to $1,500 and the annual assessment fee has been raised to $5,000 and also heightens depending on transmission volume.
As Coinbase has settled itself into North Carolina. Other Bitcoin companies, such as Xapo and CoinOutlet, have announced their departure from the state. Jameson Lopp hopes that S680 can suffer a fate similar to AB1326 in the California legislature. He is working with the Chamber of Digital Commerce to create amendments to the bill that would exempt certain types of entities or activities from this legislation, and potentially give some Bitcoin companies some breathing room. However, he notes that the complete defeat of the bill is a preferred outcome.

About the author: Caleb Chen is a cryptocurrency advocate and is a research assistant at the Chamber of Digital Commerce.

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Satoshi
ByeNYC28129

Goodbye For Now, NYC

goodbye nyc

 

After carefully considering the recent introduction of the BitLicense, HolyTransaction has decided to suspend its business within the state of New York, until such time that more reasonable regulations are put into law. It is unfortunate that the politics in New York have led to this stifling of innovation. Our community is still new, still growing. To limit the possibilities of this technology now would be akin to cutting a flower before it has bloomed.
For those who do not know, BitLicense is over regulating in a number of unfortunate ways. First, and most often cited, is the cost for a business to obtain the license itself. BitStamp has estimated that they have paid nearly $100,000 to apply, between legal fee’s, time allocation, and maintaining compliance.
What happens when every state in the U.S., or every country in the world, crafts their own BitLicense? Businesses will be expected to pay for separate licenses in every area in which they operate; potentially a multi-million dollar requirement that could shut the lights off at many of crypto companies, leaving standing only those who have chosen to comply with rules set out by the very institutions that Bitcoin has rallied against. Abandoning business in states who insist upon excessive profiteering from unnecessary regulation is our best option for the moment.
Our most significant qualms with the BitLicense are directly related to the implications for our customers and their privacy. Some countries have taken a divisive stance on compliance that has led to outrage and feelings of betrayal amongst many of Bitcoins core users. KYC and AML laws have been forced upon every company in the U.S., for instance, that directly hold or handle their customers money. You may have noticed that wallets, or those who once allowed you to trade cash for coins, have suddenly become very interested in your private information. While it has led many to revile these companies to whom they were once loyal, the truth is that these businesses have no choice.
BitLicense makes its greatest error though in its premature attempt to define what Bitcoin is. The blockchain is such a new frontier for technology that confining the tools built on top of its framework to the parameters of “money” or “property” would be limiting. The only technology with which Bitcoin compares is the Internet, which was once considered to serve the near-exclusive function of sending super fast, super cheap messages in the form of e-mail. Consider what the Internet would be today if it had not been allowed to grow in its earliest years; if it had instead been listed as a postal technology, and had then been regulated as such. This would have limited its development and, ultimately, it would have never become the open forum of information and discourse that our modern world is reliant upon. You cannot know what a technology will become tomorrow if you insist on defining it today.
The circumstances surrounding our and many other company’s exit from New York are unfortunate, but we are holding out hope that future rulings from other jurisdictions will be more reasonable. To our customers, our friends, and our supporters who are affected by this change, we sincerely hope that you will continue to work alongside us to keep the Blockchain open and free, and that we at HolyTransaction will be able to be of service to you again very soon.

Open your free digital wallet here to store your cryptocurrencies in a safe place.

Satoshi

Bitcoin’s Monthly Recap of July 2015

Welcome to HolyTransaction’s seventh monthly recap for the year 2015. This past month of July has been marked by several long awaited news and events; during that time, the bitcoin price fell from a low of $272.50 on July 1st to a high of $280.19 on July 31st, according to Bitcoin exchange Bitstamp.
 
Ethereum Genesis Block Released and Mining Begins
Ethereum promises to do for contracts what Bitcoin has done for payments, and its release marks a new frontier in crypto/bitcoin 2.0. In fact, Ethereum’s launch product was called ‘Frontier’ and along with an ingenious open source method for generating the genesis block, Ethereum has started its decentralized app network. Many have complained that the bare-bones, command line interface of the release is unnecessarily elitist and keeps the network small and limited to those with extensive technical know-how. Ethereum notably raised $18 million USD in late 2014, and is now on its way.
 
Proposed California Bitcoin Regulation Moves Forward In Better Light Than BitLicense
AB 1326, which is making its way through the California legislative process currently, has gotten a vote of approval from Bitcoin regulatory lobbying firm Coin Center. After receiving constructive criticism from Coin Center, the bill was amended to specify exactly that only companies holding customers’ funds need a license. Coin Center has a set state digital currency framework that it hopes to promote in each state. They, and the Bitcoin community, believe that companies that don’t hold customers’ funds should be free to innovate with the blockchain or a blockchain.
 
Bitcoin Malware on the Decline According to Kaspersky Report
A quarterly security report by the noted Kaspersky Labs has noted a lessening in the amount of Bitcoin malware since 2015 began. Kaspersky Labs is a noted security firm that has informed the public on many hacks in the past. Recently, Bitcoin malware such as cryptolocker has been used by hackers and has stricken people, corporations, and even governments across the world. Overall, in the 2nd quarter of 2015, Kaspersky Lab determined that 379,972,834 instances of computer infection occurred.
 
Former Reddit Employee Creating a New Decentralized Media Platform
A former employee of Reddit, Ryan X. Charles, plans to create a new app featuring a blockchain that would function like Reddit but be truly decentralized, getting rid of as many third parties as possible. Charles was initially hired by Reddit in 2015 to work on some sort of Reddit token; however, in the upper management tumult that rocked Reddit recently, Charles was let go and his project scrapped. Charles commented: “I’ve collaborated with a lot of other people to produce some of the fundamental software necessary to make a decentralized reddit. […] It’s not done yet and there is no prototype, but I would love to find collaborators to build something concrete.”

Open your free digital wallet here to store your cryptocurrencies in a safe place.

Satoshi