I am quite new in the ICO boom. I understand ICO's from the technical point of view - issuing your own token for exchange of ether, then selling ether and you have funds for your project. But I don't quite understand the law structure of it. Why one would need to establish an ICO in Switzerland, as it's promised to be a cryptovalley ? Can't I just establish my ICO in my home country ( in this case Poland ), gain ether through ICO, sell it on my local crypto exchange and do the job ? For the time being cryptocurrency industry is not regulated in Poland so far, but there is no legislation which prohibits doing it. Do I need to establish a company in that case or can I do it as a private person ? As I said I am quite new, so thank's so much for patience :). Thanks, Michael


You can do it all as a private individual. But the question is should you.

Consider at least the following:

  • Even if there are no distinct crypto laws in your country, it doesn't mean you could do whatever you want. I doubt it'd be legal to raise shitloads of money from an ICO as an individual in any case. But, that's a legal issue and I doubt we have many lawyers answering here.
  • Organizing an ICO is not a small task. Sure, you can copypaste the token code and launch it, but you'd also want someone to buy the tokens. That requires a lot of effort and manpower (and various other resources, such as money).
  • Taxation. You do have to pay taxes for the income. An income for a company is a lot easier to explain/justify than for an individual.

In some countries (for example USA) the life of ICOs is made rather difficult. I'd imagine some countries have quite an opposite stance - perhaps they even encourage ICOs and give tax exemptions and what not. There is a reason why ICOs are being organized in Switzerland more than in random other countries (just don't ask me what the reasons are).

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  • Let's say I am raising ether as an individual. In the first scenario let's say I sell it for fiat and I pay the relevant tax. I don't see anything wrong by law doing that. Second what if I just keep ether(not sell it for fiat), that would be perfectly legal, as crypto is not regulated ? I am aware of the development implications, indeed it is not a small task, and surely we don't want copy/paste existing token, but we can handle that. AFAIK ICOs are not forbidden in US, they are heavily regulated in some states, but legal.: bitcoinmarketjournal.com/ico-regulations – friko Feb 27 '18 at 9:17

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