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A study conducted by the University of Luxembourg Faculty of Law, Economics, and Finance, has concluded that the majority of initial coin offerings (ICOs) fail to provide critical information to investors.
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The Study Finds That the Majority of ICOs Fail to Provide Substantial Legal Information to Investors
The study, titled âThe ICO Gold Rush: Itâs a Scam, Itâs a Bubble, Itâs a Super Challenge for Regulators,â seeks to provide a âtaxonomy of ICOs to facilitate thinking clearly about them, analyze the various regulatory challenges they pose, and suggest the first steps regulators should consider in responding toâ the ICO industry. The University examined over 150 ICOs whilst gathering its findings.
The report concludes that âAt the moment, many ICOs are offered on the basis of utterly inadequate disclosure of information,â and as a consequence, âthe decision to invest in them often cannot be the outcome of a rational calculus.â
The findings state that âOnly 28.5% of the ICOs in our sample mention the law applicable to the ICOsâ, and that âIn 69% of the cases there is no information at all as to the regulatory status of the ICO.â The study adds that âAlmost all ICOs rely on legislative loopholes or, more accurately, what the issuing entity hopes (or prays) is a loophole or grey area.â
The Analysis Concludes that âICOs Will in Many Cases Raise Consumer Protection Issuesâ
Alongside an absence of key legal information, the study also finds that many ICOs fail to provide investors with important information relating to the proposed operations of and entities behind initial coin offerings. The findings state that â25% of the⊠white papers do not offer any description of the projectâs financial circumstances, i.e. nothing about how the capital collected is to be used and in what stages, etc, and that â21% of⊠white papers do not provide any information at all about the initiators of backers.â The study also finds that 43% of the analyzed ICO whitepapers did not provide âvalid postal contact details,â and that â20% failed to provide âany information at all about the issuing entity.â The University states that more than 90% tokens cannot âbe put to use; the rest are merely up for trading, indicating purely speculative instruments.â
The study concludes that the lack of legal information provided by many ICOs is a consequence of initial coin offerings âfrequently [being] structured to avoid existing legal and regulatory requirements.â Although the paper concedes that some ICOsâ poor legal documentation can be attributed to the lack of knowledge possessed by âthe stereotypical crypto-geek about legal or other requirements,â the findings conclude that many ICOs are intentionally trying to create legal ambiguity in order to exploit legislative loopholes and grey areas.
What is your response to the University of Luxembourgâs findings? Share your thoughts in the comments section below!
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