Pacific Digital Assets, Part 1
Building my Private Equity Firm, Pacific Digital Assets
- Pacific Digitl Assets is a company I am building to create a large partnership of investors who invest in tokenized real estate. But I need investors, and one name for what I am building is a Private Equity Fund. A fund, which invests other [peoples money, into assets , from which all the investors make money. I plan to form the fund, thus manage the fund, so I need a concrete plan and expertise.
- Plan, Do, Act, Check
- This is my plan.
Plan
- Research Private Equity and acquire a blueprint to achieve my goal
Blue Print
- Find a great Deal
- Create a framework or pitch deck
- Pitch to investors, receive feedback, modify pitch deck, pitch to investors
- Complete Legal Docs
Find a deal
- The biggest impediment to raising money is not believeing in the deal
- You must find and formulate a plan that you are convinced will work
- The plan can be improved upon for free by investors when you Pitch the plan
Frame the Deal
- Create the PowerPoint or PitchDeck to explain the deal and how it will profit and how investoprs wil get paid and how you will get paid
Pitch to investors
- Now that you have a polished presentation explaining the deal, and how everyone gets paid, you meet with investors to ask for investment in this Deal.
- Every investor who you speak to , is a source of ways to improve your pitch and increase your chance of success in raising money for your deal.
Legal Documents
- Now that you have the great deal, created the pitch and raised money, you can spend money on the legal documents.
- Now you can spend money knowing you have a deal, and knowing you will get reimbursed for the legal costs because you are building your investors a deal.
Now to learn more about making this happen...
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Welcome
Stobox is a turn-key provider of RWA tokenization services, active since 2018.
The company had the privilege of working with over 60 issuers from a dozen different industries, with fundraising targets ranging from $30,000 to $300M, scattered across all five continents.
Assets include real estate, metals deposits, private equity, crypto mining facilities, etc.
All such engagements involved legal issues, which granted the company a solid and diverse base of explicit and tacit knowledge.
A powerful side of Stobox’s expertise is a pragmatic approach to legal issues within the broader context of the client’s needs.
Questions addressed in such engagements aren’t ”How to structure a token offering?” but “How to structure a token offering at a reasonable budget within realistic timelines?”.
The company’s issuers highly value adaptability to unique needs and requests.
Here, on the cutting edge, the Stobox team faces a variety of innovative business models that don’t fit pre-determined molds and require thoughtful, creative approaches. “First-principles thinking” over “One size fits all”.
This article addresses some of the most commonly asked questions and aims to prepare prospective issuers for the intricacies of the legal aspects of RWA tokenization.
Which legislation applies to tokenized RWAs?
Asset tokenization involves multiple layers of legislation, which is the primary source of legal complexity.
The following ones should be considered:
Securities law
Most asset-backed tokens fall under the definition of securities. Assets have financial value primarily when income-generating, and some form of profit on tokens is usually enough to be considered securities. This legislation, among other things, introduces the requirement to disclose information to investors and obtain registration before selling tokens.
Financial markets law
Entities that engage with securities and provide related services often need to be authorized by competent authorities. Financial market legislation defines relevant licenses and the authorization regime.
Corporate law
RWA tokens often function as shares or bonds. The rights of holders of such assets are described in corporate law. Its convenience is an important factor in choosing a jurisdiction for the token issuing company.
Virtual assets laws
As RWA tokens are virtual assets, they may also need approval under virtual asset laws, and entities facilitating transactions may need to register as virtual asset service providers.
AML legislation
Ensuring the safety and transparency of financial markets is a shared responsibility. All entities involved, including issuers and platforms, must implement KYC/AML programs to ensure no illegal funds are used to purchase RWAs and no income from RWAs is used for illegal purposes.
Tax codes
Investors and issuers must pay taxes, and this has to be taken into account when designing the structure. Given that most issuances are cross-border, double taxation and withholding taxes become an especially important issue as they can eat a large portion of profits. For example, Switzerland applies a 35% withholding tax on dividends to foreign residents (subject to rebates), which can take returns from above-market 10% to below-market 6.5%.
Consumer protection
For utility tokens that facilitate consumption, consumer protection law might apply. However, the authors haven’t seen any lawsuits based on these laws, so this is currently a more theoretical consideration.
Data Protection
RWA issuers and platforms collect user data and must ensure its proper protection.
Though this list can seem daunting, there are solutions and procedures to comply with all the applicable legislation. Many of these things are built into technical solutions, including the Stobox DS Dashboard.
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