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International Roundup: New regs could stifle blockchain development in China; South Africa considers tax hike on blockchain development; Malta considers “personhood” for blockchain

November 3, 2018 By Bruce Antley

Although China remains a leader in blockchain technology, new regulations threaten the blockchain industry there.  BitcoinExchange Guide reports that the Chinese blockchain market is “thriving like never before.”  

“China has had quite a big boom in the tech sector… where people are looking very strongly into blockchain technology,” Blockchain Exchange Guide quoted one analyst as saying. “Of course, the popularity of Bitcoin helped in terms of people understanding what blockchain is. In terms of technology, China is actually very welcoming in terms of how these things are being applied.”

But now, China is considering regulations that would, among other things, require users of blockchain services to register with their own names.

South Africa is considering legislation that could hike taxes on blockchain-related activities.  Coingeek reports that the National Treasury and the South African Revenue Services introduced changes to a draft of a tax bill that suggest that cryptocurrency should be categorized as a financial instrument.  The changes would mean that work on cryptocurrency would not qualify for a research and development tax credit that otherwise applies to innovative activities.

Blockchain haven Malta is considering a legislation intended to further blockchain-related innovation. Cryptoslate reports that the legislation could give legal personality to decentralized autonomous organizations (DAOs), smart contracts, and blockchains.  It’s unclear how that would apply to smart contracts or blockchains, but presumably it would be partly aimed at recognizing DAOs the same way corporations has separate rights from the people who have ownership or management responsibilities for them.

Filed Under: Uncategorized Tagged With: Blockchain, China, Crypto, malta, South Africa

China Advances New Restrictions on Blockchain Services

October 26, 2018 By Bruce Antley

New regulations would require Chinese users of blockchain services to register with their real names.  Photo by Maher Najm | Public Domain

The Chinese government has released a draft of rules aimed at regulating the use of blockchain technology, including a requirement that users in China register their real names when using the technology.

The primary regulator of the Internet in in China — the Cyberspace Administration of China — published the draft regulations on October 19.  its website on Friday for public comments until November 2, reported the China Morning Post.

Blokt quoted the regulatory agency as saying the following in a translated post:  “In order to standardize blockchain information service activities, promote the healthy and orderly development of blockchain information services, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard national security and public interests, I have formulated the Regulations on the Management of Blockchain Information Services. (Consultation Draft), is now open to the public for comments.”

According to an article posted by The Verge, the new rules not only would require users to provide their real names and national ID card numbers when registering for a blockchain service, they also would require blockchain services to:

  • remove “illegal information” before it spreads among users
  • maintain backups of information for six months and provide those backups to the police upon request.

Assuming the new regulations are adopted following the public comment period, it is not clear when they would go into effect.

Filed Under: Uncategorized Tagged With: Blockchain, China, Regulations

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Founded by longtime media and tech lawyer, Bruce Antley, Blockchain Legal Digest is the source for news and information about blockchain technology and the law, including cryptocurrency, ICOs, smart contracts and other innovations.

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