Classifying ICOs as Securities INTRODUCTION In Brazil, no specific legislation governs the cryptocurrencies, and consequently, ICOs and STOs remain unregulated. Because no particular legislation deals with cryptocurrencies and blockchain technology, many existing...
TAXATION OF CRYPTOCURRENCIES IN INDIA Cryptocurrencies have been subjected to the spotlight of the decade and have been grabbing the attention of the tax authorities essentially due to the high prices at which they were seen trading on exchanges in India and across...
Cross Border Transactions: Cryptocurrency And Foreign Exchange Management Act (FEMA) INTRODUCTION Cross Border Transfer of cryptocurrency is a significant aspect of its being as cryptocurrencies are traded through online platforms and these platforms facilitate the...
IS CRYPTOCURRENCY THE FUTURE OF FINANCIAL SYSTEM? A cryptocurrency is a digital currency that’s created and managed through the help of advanced encryption and stored in a digital ledger or computerized database using cryptography. The word “crypto” comes from...
FDI and Cryptocurrencies in India The FDI is regulated under FEMA Act. The FDI Policy and TISPRO, made under FEMA, regulate FDI in Indian entities. The Exchange would be regulated either as Non-banking finance and asset management companies or E-commerce platforms...
Applicability of FEMA on Cryptocurrencies in India The risk relating to FEMA has been highlighted by the RBI ample number of times. In P2P transfers, while the exchange provides a portal to match the orders of a seller and buyer, the consideration would flow directly...
Applicability of Commodity Laws on Crypto Exchanges in India If the Cryptocurrencies are classified as ‘commodities,’ the exchanges which facilitate the trading of cryptocurrencies might be governed as the ‘commodity’ exchanges, which can have implications under...
Applicability of Securities and Investment Laws on Cryptocurrency Exchanges in India Based on the Report of the Committee to propose specific actions to be taken in relation to Virtual Currencies [1], the cryptocurrencies like Bitcoin or Ether are unlikely to be...
Legality of CrytoCurrency Exchanges in India There is no statutory prohibition on the operation of exchanges in India. Neither has the position regarding the legality of bitcoins and other cryptocurrencies specifically addressed. In IMAI vs RBI[1], the Court looked at...
Indirect Tax Implications on Crypto Exchanges in India The applicable laws with respect to GST are the Central Goods and Services Tax Act, 2017, the Integrated Goods and Services Tax Act, 2017 and the respective State Goods and Services Tax Acts, with each having...
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