区块链项目出海公司设立的三大要点你知道吗？

Introduction The first problem encountered by friends who start a blockchain project in law is that registering a company will not pose a legal problem for traditional projects, but for blockchain projects, most blockchain projects will go to sea due to the regulatory problems in Chinese mainland. Registering a company is a strange field for the founders, and coupled with the business characteristics of blockchain projects, sometimes registering a company cannot solve the actual needs, so it is necessary to register several companies. The answer to this question requires the project party to flexibly choose why to set up multiple companies according to its own scale and business needs. Generally speaking, some small blockchain projects may register only one technology company in the early stage of the project, which is mainly used to develop and maintain blockchain technology, and at the same time, it is used to pay for developers, rent offices, pay for some software subscriptions and accumulate intellectual property rights. This technology company is usually registered in the country or region where the founder is located because it can In order to facilitate the management team to pay wages and enjoy tax incentives, for some large-scale blockchain projects, especially those involving multiple businesses, we can consider setting up different technology companies for different businesses. If the project involves commercial operations, marketing and profit models, we can consider registering an independent commercial company to handle commercial affairs. If the project conducts business on a global scale, we may need to register companies or branches in different countries to meet local regulations and operational needs. Once the project decides to issue items, The destination party needs to set up a separate issuer for the following four reasons: it is convenient for financing and investors to know which company will be designated in the investment document to prepare legal opinions for listing, because most listing platforms need a legal opinion, and in most cases, if there is no registered legal entity, the legal opinion cannot be prepared, which reduces the regulatory risk. Some countries and regions have strict restrictions or bans on the issuance and trading of blockchain technology. For example, China mainland is welcome to carry out tax planning. Because the issuance may involve huge profits, choosing a country and region with preferential tax rates to set up an issuer separately will reduce the tax burden. In the choice of the location of the issuer, two factors, tax and supervision, are mainly considered. Generally speaking, the British Virgin Islands, Cayman Islands and other offshore places or Singapore and Hong Kong are the places where the issuer is preferred by the project parties or investors, and there is no profit similar to the Cayman Islands. From the perspective of taxation and supervision, it is more convenient to choose how to build different companies with the Cayman Islands. In the case of setting up multiple companies, the problem of how to build a structure to facilitate the management of multiple companies will naturally arise. The common and mature framework is like the following figure of the group. According to the network public information, Ouke Cloud Chain and its parent company are registered in Xu Mingxing, Cayman Islands through a number of registered offshore companies. For the largest shareholder and actual controller, the subsidiaries of Ouke Yunlian, that is, the specific project companies, are Ou Ke Yunlian Trust Co., Ltd., Hong Kong Shenzhen Ou Ke Yunlian Network Technology Co., Ltd. and other subsidiaries, including Singapore, Hong Kong and Brazil, etc. According to the actual needs of the business, the group has set up another foundation for its issuance, but Man Kun Jin has not found the partnership of his foundation in public channels, but guessed that some of its partners should include some separation in the group's equity structure. Shore companies and some natural person investors and other project parties can refer to the structure of the group and combine their own needs to build their own multi-layer structure. What should be the legal form? Although all of the above are centralized corporate structures and some legal means to achieve centralized management, in some blockchain projects, the founders will still adopt the form of community governance to achieve decentralized autonomy, but if the form only relies on smart contracts, it will not. If there is any legal appearance, members will face the legal risk that they will be considered as a general partnership, and then members will bear unlimited liability for their activities. For example, in the case of the United States Commodity Futures Trading Commission v., because no legal entity has been formed, the judge believes that the token holder can be considered as a voluntary participant in governance and needs to bear personal responsibility for the behavior. Therefore, the establishment of a company will protect members from endless judicial, tax, financial and other responsibilities, and the establishment of the company will also standardize the procedures of financial management, such as ensuring the granting of grants and procedures. 比特币今日价格行情网_okx交易所app_永续合约_比特币怎么买卖交易_虚拟币交易所平台

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