Law in Quebec

News about Quebec legal developments


crypto-assets

  • Legal classification of cryptoassets in securities law re-examined following ruling by Tribunal

    The legal classification of cryptoassets in securities law has been brought into question following a ruling by the Quebec Financial Markets Administrative Tribunal that held that the nature of a crypto and its potential classification as an investment contract may vary depending on the “economic reality” surrounding each transaction, underscoring the need for Canadian and Quebec legislators to modernize the regulatory approach to crypto, according to legal pundits.

    The decision, depicted as a game-changer by legal experts, will hearten so-called “finfluencers” or social media financial influencers as it held that offering subscriptions to private groups on social media to receive buy-sell signals for crypto assets does not constitute an investment contract. The ruling also underlines that in cases that are not ex parte, the applicable burden of proof in cases seeking conservatory measures requires conclusive and preponderant evidence, and not prima facie evidence as Quebec’s financial watchdog maintained.

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  • Crypto-asset exchange platforms under the spotlight

    The Quebec financial watchdog is clamping down on foreign crypto-asset trading platforms.

    Barely two months after a Dubai-based crypto-asset trading platform operating without a licence in Quebec was fined $2 million and ordered to cease trading in the province, the Financial Markets Administrative Tribunal (Tribunal) sanctioned the operators behind Hong Kong-based Coinex.com and its entities.

    The Tribunal imposed an an administrative penalty of $2 million on Coinex and its entities, on a joint and several basis, and an administrative penalty of $300,000 against  its founder Haipo Yang.  CoinEx Global Limited, founded in 2017, also trades as CoinEx and CoinEx.com, CoinEx Global Limited (CoinEx Canada), CoinEx Global Limited (CoinEx Estonia) and Vino Global Limited (Vino Global). The Tribunal also ordered the CoinEx entities, Vino Global Limited, and Haipo Yang to permanently block access to the site within two months following the ruling.

    The decisions by the administrative tribunal reaffirms the resolve by securities watchdogs to protect investors from non-compliant crypto-asset trading platforms firms, according to legal experts.

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Law in Quebec
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