Offering Access to the Securities Products
Offering access to the Securities products - for example money-market-funds - is licensed activity too.
Every website or wallet that offers access to unregistered securities is in breach of the securities regulations (including the websites aave.com and compound.finance, which offer access to unregistered security products).
Of course, there is free speech, and the right to publish open-source code is protected by free speech. This is right; this freedom is still there. However, if free speech results in the creation of “securities products,” then additional financial regulations will apply.
Some projects declare that they are run as DAOs, and the regulations do not apply. However, the upcoming FATF regulations handle this situation:
- If a company controls the private keys, then this company needs to be registered as a VASP.
- If the DAO controls the private keys of the smart contracts, then all token holders of the DAO will become VASP (Virtual Asset Service Provider).
- If there is no DAO and no company, the developer deploying the contracts into the main net will become a VASP.
This will bring transparency to which users from which jurisdictions are using which products. This will then inevitably lead to the registration of security products - all DeFi products pool the client assets will have to apply for security licence - not for their token, but for their products.