An
increasing number of countries have begun the process of implementing
functional and legal frameworks to regulate blockchain-recorded tokens
over the past several months, which has led to increasing exploration of
these technologies across many investment sectors.
For example, recent regulatory movements include:
The expansion of DLT usage — in title verification, valuation, diligence, insurance payment and settlement, smart contacts, construction monitoring and material verification — in conjunction with an increase in FRE STO opportunities, has a strong growth outlook for 2019.
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Further, the use of distributed ledger technology (DLT)
is a powerful disruptor at the transactional level, where significant
disintermediation is occurring — especially with one of the most popular
alternative investments: real estate.
Much of the recent
regulation — or steps toward regulation — address volatility and risk
concerns related to both initial coin offerings (collectively, ICOs) and security token offerings (STOs).For example, recent regulatory movements include:
- In July 2018, Malta passed into law the world's first legislative framework for blockchain and DLT with the purpose of regulating ICOs and STOs, including a benchmark regulatory platform and process.
- In December 2018, the Council of the European Union published the G-20 declaration titled “Building Consensus for Fair and Sustainable Development,” summarizing the discussions at the 13th G-20 meeting in Buenos Aires, Argentina.
- Following the G-20 declaration, seven European Union countries — the “Mediterranean Seven" — signed a declaration agreeing to cooperate on blockchain and DLT technologies. Malta took the initiative to launch the declaration, the other signatories included Italy, Spain, France, Portugal, Cyprus and Greece. The agreement binds the signatory countries to promote the technology and work together in the blockchain sphere.
- Switzerland also provided a dedicated framework for cryptocurrency, as did the Isle of Man.
- The United States Securities and Exchange Commission (SEC) continued to treat ICOs as securities until September 2018, when clarification was sought from the SEC Chairman in a formal letter, following a meeting in Washington attended by representatives from Wall Street, venture capitalists, cryptocurrency firms and the U.S. Chamber of Commerce. A letter was prepared by the group and signed by more than a dozen members of Congress for the SEC chairman, ultimately inspiring four crypto-friendly bills to go to Congress in early 2019.
- South Korea and Brazil banned investment in ICOs in 2018.
Additionally, STO raises had a 95% completion rate last year. Ultimately, this success and validation has led to broad acceptance of STOs across several sectors, including real estate.
Fractional real estate
The
biggest game changer will likely be found in unlocking the liquidity of
smaller investors through democratizing access, thanks to fractional
real estate (FRE) opportunities.
Since this class of investment
was previously only accessible to high-net-worth investors, real estate
investment trusts (REITs), opportunity funds, investment vehicles
managed by major banks, or institutional investors, the tokenization of
investment-grade assets into FRE significantly lowers the barrier of
entry, priced at single token value with no traditional minimum
investment limits or lock-in periods — creating a simpler and more
secure opportunity for investors to buy in to. Data
Another way that the real estate investment and transaction landscape is changing due to blockchain technologies is the use of DLT to create public, state and federal government blockchains for all types of real estate-related databases, which increases accessibility, reduces rework, simplifies transactional procedures and reduces time frames.Universal regulatory acceptance
While there is still a long way to go when it comes to universal regulatory acceptance — for example, China, India and several other countries have banned STOs outright in recent years — crypto tokens and DLT are changing investment processes in major real estate markets around the world.The expansion of DLT usage — in title verification, valuation, diligence, insurance payment and settlement, smart contacts, construction monitoring and material verification — in conjunction with an increase in FRE STO opportunities, has a strong growth outlook for 2019.
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