The European Securities and Markets Authority (ESMA) has just published its “Advice” on “Initial Coin Offerings and Crypto-Assets.” In the past, ESMA has issued several warnings regarding crypto-assets and virtual currencies. The Advice outlines ESMA’s position on the issues that exist in the rules within ESMA’s remit when “crypto-assets qualify as financial instruments and the risks that are left unaddressed when crypto-assets do not qualify as financial instruments.” While not mentioning any country by name, France is the largest EU member that is in the process of creating rules that apply to initial coin offerings (ICOs).
