On February 7, , the Spanish Senate approved a Motion  urging the Government to assess the regulation of cryptocurrencies to guarantee legal certainty and avoid fraud, presented by the Popular Parliamentary Group on Here is the Agreement approved by the Senate Plenary. The approved Motion mentions the general aspects that the future regulatory proposal should take into account.
From what was said there, more than what was mentioned by the senators who publicly defended it in the parliamentary debate here the video , I mention the main aspects of this Motion:. Do you know the content of the Motion on cryptocurrencies presented by the Popular Parliamentary Group to the Senate on On February 8, , the Bank of Spain and the CNMV published a Joint Statement addressed to investors and users of retail financial services, where they warned of five specific risks related to the acquisition of cryptocurrencies and participation in an ICO .
For the subject of this post, only and exclusively I will mention the risks related to cryptocurrencies:. The sale of Bitcoins, to date, is legal in Spain and the rest of the EU. In Spain there is a tendency to demonize cryptocurrencies to such an extent that official bodies recommend their use with caution.
In the rest of the world we find positions located in opposite poles some allow it and others forbid it. In any case, the sale buying and selling of Bitcoins, to date, is legal in Spain and the rest of the European Union. Therefore, it is also legal to establish and manage Bitcoins and exchange exchanges in this country. There are issues on which nothing has been said so far or little has been said . The first question is that not all cryptocurrencies are the same: although the underlying technology in most of them is very similar, the logic behind each differs.
The second issue is that the value of cryptocurrencies depends not only on the market but also on security issues. It is important to ensure the vulnerability of the platforms where they are marketed. Investors should be informed about what type of Blockchain technology is being used and who developed the computer code. In addition, it is essential that the interested parties have access to information on what type of cybernetic audits have been carried out before and during the issuance of the virtual currency.
The third issue is to be clear that the value of Bitcoin comes from the fact that another person wants to accept it. That is, if you had a Bitcoin and you could not sell it, it would not be worth anything to you. The key, in any case, seems to be to achieve an ideal balance: that the supervisory and regulatory authorities protect the financial markets, while leaving room for innovation. If you found this post useful, leave us your comments at the end and share it on your social networks.
Thank you. This article can be read in Spanish here. Simplemente indica lo siguiente:. Legal regulation of Bitcoins and other cryptocurrencies in Spain [online]. Algoritmo Legal. Abogado y socio director de Algoritmo Legal. Su cuenta de Twitter es RicarditoOliva y su email es ricardo algoritmolegal. Recibir un email con los siguientes comentarios a esta entrada. Recibir un email con cada nueva entrada.
Introduce tu email. Email: info algoritmolegal. Introduction 2. Should we regulate cryptocurrencies? How do we regulate? However, we cannot deal with an issue like this without making an approach to the legal status of this this technological phenomenon. From this definition we can conclude that Bitcoin cannot be considered as a legal tender. Under the articles , and of the Spanish Civil Code, bitcoins are movable, fungible, divisible, unrepeatable assets, which cannot be copied.
Several international and european bodies consider that digital currencies, as Bitcoin, shall not be considered as legal trend, nor e-money, financial intruments, or payment instruments. Among other bodies:. However, even if digital currencies, such as Bitcoin, cannot be considered as legal trend, financial intruments or payment instruments, it may be defined as an electronic intangible asset used as unit of account which may be used in transactions as a mean of payment to the bearer.
Under the article Given that Bitcoin is used as mean of payment to the bearer, we could consider that the Spanish AML Act would apply under the article 2. That said, to the extent that the purchase and exchange of bitcoins may affect to the financial operative of these Financial Entities such as bank transfers in order to deposit Euros, credit card payments, etc. In this context, Juan Llanos, from Bitreserve, stated in a meetup celebrated in Madrid Spain on 25th April that as far as it can be used to transfer value, Bitcoin has born regulated.
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|Blanqueo de bitcoins definition||United Kingdom: Guidance on Cryptoassets . A second round of reasoned opinions was sent to Bulgaria, Cyprus, Poland, and Slovakia. And distributed ledger technology DLT is simply defined as a type of technology that support the distributed recording of encrypted data. Archived from the original PDF on 17 October Surely, the European authorities have not claimed that the regime is applicable to the Lightning Network, but the truth is that there are interpretative doubts since it could be considered that the tokens of the said network would be assets referenced to bitcoin.|
|Arena betting prediksi bola biru||Please help improve this section by adding citations to reliable sources. Other classes of customers, such as those with free bitcoins hack/extension banking accounts and those blanqueo de bitcoins definition foreign government officials, are subjected to enhanced due diligence because the law deems that those types of accounts are a higher risk for money laundering. Retrieved 23 October In Junethe data-protection advisory committee to the European Union issued a report on data protection issues related to the prevention of money laundering and terrorist financing, which identified numerous transgressions against the established legal framework on privacy and data protection. Section 12 1 describes the obligations that banks, other financial institutions, and intermediaries have to. New York Post.|
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