Une révolution française de l’ICO est-elle en marche ?

De nouveaux règlements arrivent

Le 25 septembre, la chambre basse du Parlement français a lancé un débat sur une proposition de loi qui apporte des changements fondamentaux au cadre juridique du pays pour les actifs de cryptomonnaie et les ICOs.

L’initiative est venue en juin dernier du ministre de l’Economie et des Finances, Bruno Le Maire, avec des propositions visant à favoriser le développement « d’entreprises libérées, mieux financées, plus innovantes et plus justes ».

Plan d’action pour la croissance et la transformation des entreprises

Le Plan d’Action pour la Croissance et la Transformation des Entreprises (PACTE) est envisagé pour rapprocher la France des pays qui ont déjà mis au point un cadre juridique convivial pour les solutions fintech innovantes.

Le plan est déjà passé par les premières phases pour l’approbation.

Après l’introduction, la première consultation, la consultation publique en ligne, les consultations avec les syndicats et les fédérations professionnelles, il est maintenant présenté au Conseil des ministres.

Si le Conseil des ministres donne son feu vert, le Plan d’action sera examiné par le Parlement et, s’il est satisfaisant, promulgué par proclamation officielle.

La naissance d’une nouvelle terminologie et d’explications

Si le plan doit être accepté par les organismes gouvernementaux, il apportera de nouvelles définitions et une nouvelle terminologie.

Les jetons de cryptomonnaie sont définis comme des « éléments immatériels, représentant sous forme numérique un ou plusieurs droits, qui pourraient être émis, compilés, conservés et transférés par un instrument numérique partagé, permettant d’identifier – directement ou indirectement – son propriétaire ».

Et les ICOs ont une explication plus simple qui dit qu’il s’agit « d’offres publiques d’abonnements à des jetons, sous quelque forme que ce soit ».

L’AMF émettra des  » certificats de qualité ICO « .

L’Autorité des Marchés Financiers (AMF), selon le plan, délivrera une forme d’attestation non obligatoire pour les ICOs qui souhaitent renforcer leur fiabilité.

Ce processus ne sera pas exigé par la loi, mais l’entreprise qui en fait la demande devra produire un document promotionnel (livre blanc) présentant un contenu « exact, clair, non trompeur et permettant de comprendre les risques liés à l’offre ».

L’AMF souhaite également suivre les moyens à mettre en œuvre pour garantir la sécurité et la transparence de l’événement d’émission des jetons pour ceux qui demandent leur attestation.

L’observatoire financier français suivra de près l’information sur les résultats de l’ICO et la création d’un marché secondaire pour les jetons.

A quel point la France est-elle proche de la nouvelle législation de Cryptomonnaie ?

Même si le plan a déjà franchi la majorité des étapes d’approbation, les principales sont encore à venir puisque les deux chambres du Parlement doivent accepter la même version du document pour qu’il soit mis en œuvre.

Quelle que soit l’issue de la proposition, la France s’est montrée disposée à modifier sa législation en fonction des innovations technologiques.

En permettant aux entrepreneurs de développer plus facilement des projets dans le cadre d’une législation amicale, la France pourrait concurrencer la Suisse, Malte, le Gibraltar et le Chypre, qui ont déjà attiré sur leurs rives des géants de la cryptomonnaie et de l’industrie dela blockchain.


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