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This chapter synthesizes the economics, law, and technology of security tokens and security token offerings (STOs). Security tokens are an increasingly important instrument in decentralized finance (DeFi) markets. They are blockchain-based investment contracts that are subject to securities law. Interoperability, fractional ownership, market liquidity, and rapid settlement are the main reasons security tokens are a primary catalyst for digitizing finance. The chapter empirically compares STOs with initial exchange offerings (IEOs) and initial coin offerings (ICOs). STOs take longer and raise more funding. However, controlling for other factors, the amount raised in STOs and IEOs is lower than in utility-token ICOs. These findings suggest an avenue for future research. Moreover, both the law and the technology of security tokens need to address critical challenges related to the competent jurisdiction in multinational activities and blockchain interoperability, scalability, and natural resource degradation.

This chapter discusses legal considerations relating to digital assets. The legal aspects of tokenized and non-tokenized assets are evolving. Although some states have enacted specific laws or regulations for digital assets, Congress and federal agencies have been slower to craft specific rules and regulations for such assets. As a result, regulators, such as the Securities and Exchange Commission, Commodity Futures Trading Commission, and Internal Revenue Service, and market participants must apply existing guidance to digital assets. This chapter examines applying specific aspects of federal securities and tax law to digital assets. It also discusses general business law considerations for blockchain and cyber enterprises. The discussion of state law applications centers on the New York Virtual Currency License and Wyoming and Delaware crypto initiatives. This chapter does not provide a comprehensive review of all legal issues related to cryptocurrency. Each legal issue about cryptocurrency is complex and requires separate analyses.

Tokenization is a relatively new activity in digital finance. Tokenization, a process that creates a blockchain representation of the underlying instrument, can enhance the standard features and characteristics of assets and securities. Asset and security tokenization produces many benefits. These benefits include reducing issuance and trading costs, lessening dependency on intermediaries, facilitating more liquidity in markets, and providing greater transparency around an asset’s lifecycle for all parties involved. This chapter synthesizes the key characteristics, benefits, processes, tools, and techniques of tokenizing real-world assets. It also provides several examples of current asset-backed token applications to help understand the rapidly growing industry and analyzes future expectations of this new technology.

In this chapter, the authors study how cryptotoken issuance, also referred to as initial coin offerings and security token offerings, may disrupt funding markets such as venture capital, crowdfunding, and private equity. The authors discuss the necessary infrastructure to support this new asset class. The authors analyze the market evolution in terms of volatility, global reach, news events, and types of industries that are issuing or considering to issue tokens. The authors discuss some specific token offerings to highlight lessons learned. the authors summarize the regulatory landscape and challenges going forward. This market crashed in terms of market capitalization at the end of 2018. However, this new asset class along with the underlying technology holds great promise to disrupt various types of intermediaries if adequate financial and regulatory infrastructures are developed.

Purpose: Blockchain technology has the potential of revolutionising finance in general and entrepreneurial finance in particular. As this area is hitherto uncharted, this chapter delineates its scope to the use of blockchain technology for providing strategic business funding. Blockchain technology started off by floating initial coin offering as a way of providing long-term funds to the startups. Since then, it has evolved quickly and has already spawned several iterations. One of its most prominent offshoots, security token offering has evolved into a distinct financing resource, with its own unique characteristics.

Methodology: This chapter discusses the implications of this development for startups and new ventures. It focusses on the use of blockchain technology for innovations in the domain of entrepreneurial finance with the aim to document the emergence of cryptofinance as a viable source of funding for startups. For this purpose, a systematic literature review methodology has been undertaken. In order to provide a comprehensive view, various sources such as academic research papers, working papers and practice papers have been used for collating information.

Practical implications: This chapter provides a brief overview of entrepreneurial finance and blockchain technology, illustrating their unique aspects. It proceeds to discuss the use of blockchain technology in finance in general and in entrepreneurial finance in particular. This discussion is followed by an extensive analysis of the evolution of cryptofinance as a funding source, enumerating various iterations and their implications.

Conclusion: As the use of blockchain technology in entrepreneurial finance is still at the nascent stage, the regulatory paradigm is still evolving. The current work also looks at the development of legal framework for managing these innovations across different prominent markets. This chapter further delves into the likely future course of development for cryptofinance. It mainly focusses on the emergence of decentralised finance as a comprehensive ecosystem and smart contracts.

To discuss and analyze the facts and circumstances of the October 11, 2019 U.S. District Court for the Southern District of New York temporary restraining order halting the distribution of cryptocurrency tokens in SEC v. Telegram Group Inc.

Provides an overview of the case, an analysis of the Court’s ruling, details on the final resolutions, and some key takeaways.

Given the lack of judicial precedent in this area, as well as the size and profile of the Telegram project, the Telegram case was closely watched by blockchain industry participants and represents a significant development for this emerging market. The Telegram court’s approach, if broadly adopted, could prove very challenging for those attempting to launch decentralized networks involving blockchain-based tokens.

The Telegram case represents just one court’s view and is based on a very fact-specific inquiry. However, given the Court’s apparent deference to the SEC’s positions on the facts at hand, and the lack of judicial precedent in this area, the blockchain industry should pay close attention to this decision.

Expert guidance from lawyers with extensive experience in blockchain technologies, digital currencies, securities offerings and litigation, investment funds and financial services.