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Whitepaper Blockchain Taskforce

Achieving legal certainty within a reasonable period of time is the basic prerequisite for securing
the major objective of the Taskforce, i.e. maintaining and enhancing the attractiveness
and competitiveness of the blockchain site in Switzerland. To achieve this goal, four focus
areas were identified, on the basis of which the working groups would later be formed:
ICO/Tokens, Banking, Cybersecurity and Other application areas.
Following the first meeting of the Taskforce on 12 January 2018, the members were assigned
to the working groups. The experts of all working groups quickly agreed that the focus
of activities should lie on the first two subject areas, ICO/Tokens and Banking, so that the
urgent issue of legal certainty may be addressed with high priority
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Positionspapier zur rechtlichen Einordnung von ICOs

The present position paper attends to the open central legal issues. It deals with the civil law
transfer of tokens, the handling of tokens under the Money Laundering Act and the classification
of tokens in securities and banking law. First, the position paper contains an analysis of
the status quo. The assessment of the qualification of tokens under applicable law is shared
by the authors of the position paper. The authorship represents stakeholders from law and
science. Second, the position paper makes recommendations for a possible further course of
action. These recommendations address various levels, notably desirable industry initiatives
and regulatory action.
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