On and off market transactions of virtual currency
It is not illegal, but the legal risk can not be ignored
in September 2017, after the central bank and seven ministries and commissions jointly issued the "notice on the risk of token financing", which explicitly prohibited the trading of RMB and digital currency and the issuance of ICO (abbreviation of initial coin offering, which means the initial public offering of digital currency), the heat of hyping digital currency is still hard to rece
the current situation is that although the official ban, but in reality the transaction is still in progress, which will also lead to a series of legal problems. High return is accompanied by high investment risk, as well as legal risk that can not be ignored. After the central bank stopped the digital currency exchange in September 2017, some exchanges went overseas, and investors also went to overseas markets to invest and trade, or to find counterparties through Internet instant messaging software
extended information:
related risks:
1. The so-called credit risk is e to the lack of reliable third party participation, and the transaction between the two sides completely depends on the integrity. Once there is a breach of contract, it is difficult to protect the rights and interests
2. The so-called policy risk is that the attitude of various countries towards the special currency will lead to sharp fluctuations in the price of the currency, which will have a certain impact on the OTC trading; The so-called relief vacancy risk refers to the dispute caused by OTC transactions, which makes it difficult for all parties to obtain evidence and provide evidence
3. The public security organs often encounter the problem that there is no professional institution to price bitcoin in case filing or legal review, and our criminal law stipulates that the criminal object of theft is someone else's finance with economic value, because the economic value of bitcoin can only be proved by the trading platform according to the price displayed on the trading platform software, This kind of pricing is sometimes not recognized by public security organs and courts< br />
it mainly refers to other transactions that bitcoin does not conct through formal and legal channels and platforms such as exchanges, for example, small amount of personal online transactions, large amount of offline face-to-face transactions, one-hand transfer of money (on-site transfer of money to the buyer's wallet address) and one-hand payment.
the risks of over-the-counter trading of bitcoin are mainly in the following aspects:
first, the legitimacy of the transaction, whether the bitcoin transaction is legal, and whether there is any suspicion of evading the law
Second, the identity of both sides of the transaction, both sides of the transaction do not know who the other party is, for both sides, it is a kind of risk-taking instry
Third, transaction rules, both parties are not sure whether the other party completes the transaction according to the agreement
Fourth, after the transaction, whether other issues are involved after the completion of the transaction
as an over-the-counter transaction of bitcoin, bitcoin packets feel that there are great risks for both sides of the transaction. Therefore, for the users who have the intention to trade, try to go to the formal platform to complete the bitcoin transaction.
The mutual fund association said that at present, the relevant management departments have basically completed the clean-up and rectification of domestic ICO activities and "virtual currency" trading venues, ring which some investors turned to overseas to carry out relevant activities. According to the relevant national management policies, the network access channels and payment channels of domestic investors may be affected, and investors will suffer losses. It is understood that recently, as many countries pay attention to strengthening the supervision of the "virtual currency" field, some overseas trading platforms may be forcibly banned by the host country's government, and some overseas trading platforms have been restricted from access e to obvious compliance risks
on September 4, 2017, the central bank and other seven ministries and commissions jointly issued the announcement on preventing the financing risk of token issuance, which clearly pointed out that all kinds of token issuance financing activities should be stopped immediately from the date of the announcement; All financial institutions and non bank payment institutions shall not carry out business related to token issuance financing transactions; For the token financing trading platform with illegal problems, the financial management department will request the competent department of telecommunications to close its website platform and mobile app according to law, request the network information department to remove the mobile app from the app store, and request the instrial and commercial administration department to revoke its business license according to law