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CHAPTER 6 Blockchains, Initial Coin Offerings and the challenges facing securities regulators in North America

Blockchain Technology and the Law

Page 125 6 Blockchains, Initial Coin Offerings and the challenges facing securities regulators in North America Blockchains, Initial Coin Offerings and the challenges facing securities regulators in North America When establishing any business venture, an entrepreneur has traditionally been faced with the prospect of obtaining capital in one of two ways: Either through a sale of equity in the business, or through the obtaining of funds as debt. Should an entrepreneur wish to offer shares for sale to the public, a promoter will encounter a very strict regulatory regime that seeks to protect investors and ensure that information asymmetries between promoters and investors do not hinder the investor from making a trading decision. 1 The development of Blockchain technology has generated considerable interest in promoters, who have attempted to find creative ways to leverage the technology. This creativity has not only pertained to the technological development of products but has also extended to finding creative ways in which to raise funds.

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