Webinar Recording and Transcript
Date: 24/11/2022
Host: Kevin Whitmore, Business Innovation Advisor at Callaghan Innovation
Guests: Jeremy Muir, Partner and Bryan Ventura, Senior Associate at Minter Ellison Rudd Watts.
Webinar Length: 1:23:27
Time Stamp
Summary
Jeremy and Bryan discuss learnings from their latest Web3 Projects when applying various Web3 financial products to current legislation in New Zealand, including the Financial Markets Conduct Act, Anti-Money Laundering legislation, Consumer Guarantee Act and Securities Law. Learn about the core regulation you need to be aware of as a founder and how New Zealand as a nation can work towards stronger protections and flexibility for Web3 innovators by looking to overseas jurisdictions like Wyoming, and what we can expect for future legislation changes.
Transcript and Key Take Aways
Webinar Segments
Length | Tags | Description | YouTube Link |
---|---|---|---|
0:47 | Introduction | An introduction into Jeremy and Bryan’s background and expertise, what they have learned, as well as the topics covered within this session. | |
1:25 | Tokens | Web3 projects tend to use tokenisation to unlock commercial efficiencies: Is your project issuing a token that will be deemed a financial product? Learn the four types of these products under the Financial Markets Conduct Act. | |
2:18 | Regulation | Why NewZealand is a great place to be having conversations around the regulation of Web3. New Zealand securities laws are modern, and the 4 classes of financial products are clearly defined. Learn how to interpret these rules definitions and how they can apply to your products and services. | |
2:17 | Regulation | Where are we at? The latest developments and submissions on New Zealand Regulation for crypto, DAOs and blockchain as advocated by advisors Alex Simms and Bryan Ventura. | |
1:07 | Regulation | Spoiler alerts! What has been proposed in terms of sensible regulation going forward, and how can industry and government work better together to achieve better rules given the nature and pace of Web3. | |
1:34 | Regulation | What else is happening? A recent report by MBIE proposes recommendations to drive impact driven investment and development for AML for laws that are specifically applicable to virtual assets. | |
1:44 | Regulation | Regulation sandboxes. If you understand the law in New Zealand there is a lot you can do. The branding advantages, ease of getting started, and how businesses, agencies and government can work, play and learn alongside each other to develop rules that are fit for purpose. | |
2:16 | DAOs | How can New Zealand can look to places like Wyoming to develop better protection for DAO members and incorporation as a limited liability entity. Learn about risk and the grey areas of how DAO’s currently fall under the ACTs, as well as case studies of legal action taken against DAOs in other jurisdictions like the US. | |
0:40 | DAOs | DAO’s structures and the use of trusts to appoint board of directors. | |
0:38 | DAOs | Potential implications for structuring DAO’s | |
2:54 | Regulation | Examples of how regulation can apply Cryptopia and Easy Crypto | |
1:18 | Regulation | The three pieces of legislation that New Zeland Web3 companies should be aware of. Plus! What to watch out for under more subtle regulation like the Fair Trading ACT and Consumer Guarantees ACT. | |
3:05 | Regulation | How virtual assets, crypto or tokens trigger regulation related to financial services. | |
3:07 | Regulation | Implications for DAOs and token creators if your token is deemed a financial product. | |
2:49 | DAOs | Law is inherently jurisdictional, though technology is not. Learn about the cross border implications of DAOs operating in different regimes and what to watch out for. | |
1:27 | Tax | The implications of setting up and issuing a token in a jurisdiction with no income tax. | |
1:01 | AML | What are the requirements for confirming ‘source of funds’ for amounts under $1,000? | |
2:50 | Tokens | What are the implications legally for creating a reflection token? | |
2:30 | Startups | How Minter Ellison help startups that may not have 6 figures to spend on legal fees! | |
2:08 | DAOs | The use of DAOs to own particular assets and fundraise, and how issuing shares back to members may create a financial product or be classified as a security. Learn more about the advantages of this technology and how Bryan see’s this evolving. | |
2:52 | DAOs | Looking to overseas jurisdictions for best practice in terms of DAO legislation and legal recognition. | |
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