Presentation & Overview of STO Lawyer’s Responsibilities
Maître Jonathan POUGET’s law firm, a Ph.D. in law and an STO lawyer, advises and protects your interests regardless of your geographical location. The firm operates with dedication and competence.
It takes all necessary measures for the protection, enhancement, and preservation of your rights and financial interests. Email: jonathan@pouget-avocat.fr / Phone: 0607625574.
I. What is an STO?
An STO, or Security Token Offering, similar to an ICO, IDO, or IEO, is a cryptocurrency fundraising method. These fundraisings have the advantage of raising funds much faster and with fewer regulatory restrictions compared to traditional fundraising methods.
STO involves issuing tokens in exchange for cryptocurrencies contributed by investors. These investors thus acquire tokens at a preferential price, which, within the scope of an STO, grant them social and/or financial rights in the issuing company.
If the tokens can be classified as financial instruments under Article L211-1 of the Monetary and Financial Code, then their issuance will indeed be an STO.
II. Verification of Compliance with the “Prospectus” Regulation – Lawyer STO
It is important to determine if the Security Token you intend to issue possesses characteristics that qualify as securities under the MiFID directive.
If this is the case, its issuance is then subject to compliance with the prospectus regulation.
The Financial Markets Authority (AMF) itself emphasizes the qualification challenges that certain tokens might pose due to potential hybrid characteristics.
Your STO lawyer’s primary task will be to determine the most appropriate classification for the tokens you intend to issue, in order to establish whether you are subject to the obligation of publishing a prospectus approved by the AMF.
Note that in France, publishing a prospectus is not required if the offer of Security Tokens is less than 8 million Euros. In this case, however, it will be necessary to prepare a Simplified Information Document (SID), which your lawyer can draft.
In the case of an obligation to comply with prospectus regulations, your STO lawyer will also undertake the necessary tasks for this purpose.
III. Establishing a Company and Optimizing Taxation
Such fundraising cannot be conducted in an individual’s name. You would expose yourself to significant risks related to tax, social, and competitive regulations.
Before forming a company, your STO lawyer will inform you about the different tax regimes applicable to various types of companies, as well as the tax and social regimes for their executives.
Your lawyer will guide you in choosing the most suitable company structure for your objectives and can assist with its formation.
IV. Drafting a Shareholders’ Agreement to Secure Relations Among Shareholders – Lawyer STO
The shareholders’ agreement is a contract among shareholders. It is highly valuable in STOs to secure shareholder relations. It can determine:
- The distribution of results among shareholders.
- The management procedures for cryptocurrencies collected in the context of an STO.
- The conditions for exiting the company.
- Compliance with confidentiality obligations.
- And more…
Your STO lawyer is skilled in addressing any other requests related to STOs, ICOs, IEOs, IDOs, Blockchain, and generally new technologies. They can also advocate for interests pertaining to your privacy.
Lawyer STO
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