Connect with us

Business Landscape

Make The Most Of SA’s Law And Initial Coin Offering

Cryptocurrencies offer significant investment opportunity, but remember that when something seems too good to be true, it probably is.

Andrew Taylor

Published

on

cryptocurrency

This article could comfortably take up a single blank page in this glossy magazine and still be accurate — South Africa (and many other countries with it) is rapidly adopting the blockchain and cryptocurrency revolution and it’s all happening in a relative legislative lacuna (my Latin professor would be so proud).

At the outset, however, this article relies on at least a working understanding of some of the underlying technology and concepts that make ICOs possible, and I won’t be trying to explain them in any great detail. Far smarter tech-journos have written some illuminating pieces on the topic and a Google search will quickly yield some very insightful guides.

In essence, however, an ICO involves the creation of a unit of value, called a ‘coin’ which, at a basic level functions like most cryptocurrencies (cf Bitcoin). Purchasers of the coin buy the coin at a predetermined listing price, upon consideration of a ‘whitepaper’, published by the coin offeror, which eerily resembles a prospectus for the purchase of shares in a listed company.

Importantly, however, the purchase of shares (usually) doesn’t entitle the coin holder to exercise any rights in relation to the operation of the business — this is a key differentiating factor from shares.

Related: Reality Check: You Probably Don’t Own That Work You Outsourced

From a commercial perspective, the coin holder anticipates that the value of the coin purchased will increase over time as demand surges on the back of a (hopefully) successful business concept. This sounds very much like the promised land for start-ups starved of genuine venture capital in South Africa. More particularly, the 150+ businesses that have raised more than $2,5 billion would argue that it’s a highly effective way of raising capital from an investor group that invests based on very limited knowledge and (potentially) recourse to the issuer.

In fact the South African Reserve Bank (SARB) has stated categorically that, because it does not guarantee the trade or issuance of cryptocurrencies, it offers no recourse or protection to consumers.

So where does this leave you, average Joe Seffrican?

Certain key pieces of legislation ought to be examined and applied to your precise scenario — both for would-be issuers and consumers of ICOs and other cryptocurrencies:

  • The Banks Act will have some bearing where offerors of cryptocurrency coins fall within the definition of deposit-taking institutions and are thus required to adhere to the requirements of the Banks Act and potentially fall within the purview of the SARB.
  • Collective Investment Schemes Act (CISCA) regulates businesses that seek to ‘collect’ or pool funds and investments and is regulated — and very strictly at that — by the Financial Services Board.
  • The Financial Intelligence Centre Act, more commonly known as FICA, may have significant scope over certain transactions taking place utilising cryptocurrencies, especially mindful of the by-design anonymity of blockchain technology.
  • Exchange Control Regulations have strict penalties for transactions that violate the permitted capital outflows of capital from the Republic. Given that the blockchain is designed to facilitate these very outflows, in many instances, this will be an area of concern for businesses and investors alike.
  • Twin Peaks Financial Sector Regulation Bill, once promulgated would regulate all financial service businesses that provide the financial service and financial intermediary services. This opens a veritable quagmire of potential legislative and regulatory impact on the ICO sector.
  • Here’s the big one — if it walks, talks and smells like equity, then the Companies Act and our courts in enforcing the Companies Act, are going to treat it like equity, meaning that some coins, which often carry rights and duties similar to conventional equity, may fall within the ambit of the highly regulated arena of public offerings of security. This is particularly the case in the light of our legal system’s view of the ‘substance over form’ doctrine.
  • There may well be interplay between the Companies Act and the Consumer Protection legislation, which may be triggered in transactions that have no underlying value, operate in a manner consistent with a Ponzi scheme or are not adequately insured against data losses etc.

Related: What You Should Know About Copyrights For Your Business

While it pains me to be the one pointing these risks out, when all and sundry seem to be turning pittances into fortunes, your grandma would be quick to point out that if it sounds too good to be true, it probably is.

At the end of the day, there are profound opportunities for both investors and businesses to be had, but you would be well counselled to carefully consider the full legislative and regulatory consequences of any purchase of offer of any ICO coin. This is unfortunately a classic case of the innovators innovating while the legislators scramble to play catch up in a world that is changing faster than their arcane promulgations can seek to regulate it.

Andrew Taylor is the co-founder of Legal Legends, a company that aims to revolutionise the legal industry by being Africa’s first eCommerce website for quality legal services aimed specifically at start-ups and entrepreneurs

Advertisement
Click to comment

You must be logged in to post a comment Login

Leave a Reply

Business Landscape

We Need To Unite For A Better Entrepreneurial Future!

Here are my key entrepreneurial tips from The Passport Showcase.

Godfrey Madanhire

Published

on

entrepreneurship

In our modern world, where nationalists walk the street and xenophobic beliefs are on the rise, as a Zimbabwean serial entrepreneur and motivational speaker, I’ve identified that we need to bridge this division and unite us all through celebrating our diversity.

We need to come together not because it’s the right thing to do, but because united, we can work towards a profitable future.  However, before this can happen, we need to change the global mindset. That’s why I transformed my book The Passport into a showcase in which performers from across the continent took part and showed off their talents.

While preparing for the show I noted some important lessons that I learnt along the way. Here are my key entrepreneurial tips from The Passport Showcase.

Success can’t happen in a vacuum!

Setting up The Passport Showcase took a lot of collaboration. As an entrepreneur and a believer in a united Africa, I’ve learned you can’t operate a successful business if you’re not willing to work and deliver services to everyone. It’s for this reason I invited fashion designers, artists, and dancers, to come together and educate us about the dangers of xenophobic beliefs through their art forms.

We need to be able to blend skills and overcome our preconceived notions, in business and the arts, so that we can achieve great things.

Related: As An Entrepreneur, Be A Motivational Leader To Your Staff

Education is the key to every problem

It’s a part of starting any business; educating the public about your company and quickly converting them into consumers. Arguably the same was true of the showcase, creating a truly unique experience to inform the public about celebrating diversity.

Helping individuals understand that acceptance is key for a better future is critical for business expansion. If any of us want to expand our businesses, we need to be able to engage with different markets – who won’t chase away the unknown.

Be different

Identifying a new opportunity is one of the fundamental building blocks for a new business. Finding unique solutions is a truth that echoes across corporate industries and the arts. But change can cause concern and adverse reactions.

On our continent, ideas that disrupt the norm are needed to catapult our brothers and sisters to a brighter future. But this can only be achieved when we celebrate our diversities and collaborate.

Related: 8 Books Every Manager Should Read To Become A Better Leader

Continue Reading

Business Landscape

9 Ways To Elevate Your Small Business To The Next Level

The South African economy is strongly supported by the nation’s entrepreneurial spirit, which encourages a culture of growth and development in communities.

FedEx

Published

on

By

small-business

With the unemployment rate currently at 27.71%, people of all ages and backgrounds are looking for an opportunity to work.

Although many entrepreneurs have enjoyed great success on their small business journeys, choosing to start your own business comes with many risks. One of these risks is the financial burden it can bring. While there are various challenges faced by small businesses, it is possible to overcome these and jumpstart your business with these useful tips from FedEx Express, the world’s largest express transportation company.

1. Connect with customers

As a small business owner, it is important to know who your customers are, where they spend their time, what they are looking for and how your business can meet their needs. Times have changed and waiting for customers to come to you is no longer a feasible business strategy. In today’s evolving business environment, entrepreneurs need to be approaching their customers and building strong relationships with them to form a lasting impression. If your small business cannot grow its customer base, it cannot grow profits.

2. Network

Attending networking events will allow you to find professionals and other small business owners who offer services your business may require. Many small business owners get this critical aspect of starting a new business wrong by networking purely to gain customers, not realising that networking with other business can assist you in acquiring the services you need to continue the growth of your business. Small businesses have a lot to gain through networking at the right time and at relevant events.

Related: Licensed To Thrill: Meeting The Global Demand For Merchandised Products

3. Use social media

There are a number of social media networks and social networking platforms that can drastically grow your business, however, it is important to understand your customers and identify the channels they prefer to communicate on. By implementing a comprehensive social media strategy, you can ensure social media works as a driver of new business that positively promotes your service offerings.

4. Build customer loyalty

Building customer loyalty begins with great customer service. Great customer service starts with a positive customer experience and first impressions are vital in this regard. If a customer has an enjoyable experience when using your services, it is likely they will return and use your services on an ongoing basis. By ensuring your business has a user friendly website and informative brand collateral, new business prospects will increase and those who have experienced quality customer service from your business are likely to refer you to friends and colleagues.

5. Ask for help

All small businesses face challenges, particularly in the early operational stage. This is why asking for help from your peers/mentor who may be more experienced than you is critical. Tapping into the mind of someone with more experience and a broader knowledge base will ensure you learn and acquire the skills needed to make a success of your business. The FedEx Small Business portal offers business owners useful advice that will assist you on your small business journey. Visit www.smallbusiness.fedex.com for tips and success stories that will inspire and help you to grow your small business.

6. Hire the right people

Each person that forms part of your business needs to share the same vision with you that will drive growth. Your workforce will be responsible for the success of your business therefore, ensuring your staff remains motivated is important. When hiring a new employee, implement a check list that includes traits that you feel are imperative to the culture of your business.

Asking out-of-the-box questions in the interview will also assist you in determining if the potential employee is a suitable candidate to fill the open position.

7. Manage cash flow well

Many small businesses close due to cash flow problems. Managing money spent versus money earned is critical as it provides you with a clear indication of whether your business is running at a loss or whether you are excelling. If your small business is losing money, you can implement a strategy to iron out the issues that are contributing to this and identify ways that will ensure your business generates profits.

Related: How Online Embroidery Shop Trish Burr Found Business Success With Support From FedEx Express

8. Work to build success

Work to make a success out of your business with your employees by being involved in the everyday activities that are critical to your businesses success. Being involved will ensure employee morale remains high while allowing you to identify areas that need improvement.

9. Find inspiration

There will always be someone who has been in your current position, even if it is a different business to yours. Learning how they made a success of their business during hard times will provide you with the knowledge you need to succeed as a business owner. Starting your own business is a learning experience made easier by speaking to others who inspire you.

A business can safeguard its success if it continues to innovate. For example, e-commerce has changed the way the world conducts business, and the rise in technology has made it easier to interact with customers quickly and across borders. With economies becoming more interconnected, companies large and small are now able to access markets that were previously unattainable. E-commerce will assist small businesses in establishing their territory in the market and as a result, guarantee growth and longevity,” concludes Higley.

Continue Reading

Business Landscape

How Algorithmic Forecasting Can Improve Business Efficiency In Challenging Economic Times

Harnessing the power of predictive analytics, in-memory computing, and artificial intelligence to forecast risks will help entrepreneurs stay ahead.

Carryn Tennent

Published

on

Algorithmic Forecasting

The ability for businesses to accurately predict risk and develop insights has traditionally involved manual drudgery, spreadsheets, and been confined mainly to the finance department.

With the advent of new technologies such as predictive analytics, in-memory computing, and artificial intelligence (AI), smart Chief Finance Officers (CFOs) are harnessing their power to automate the process, free up human capacity, and get deeper, more accurate insights.

The success of any business, from small start-up to large enterprise, depends on how accurately they can predict future performance, as well as recognise and respond to warning signals.

Deloitte recently launched a report titled Forecasting in a digital world, the sixth in its Crunch Time series for CFOs, which delves into the advantages of algorithmic forecasting and why it will change and challenge the way businesses look at and consume data.

There is a shift away from having people gather, compile and manipulate data, to handing over the menial work to the machines – which employ data-fuelled, predictive algorithms to sift through historical data and use statistical models to describe what is likely to happen in the future.

It is a process that relies on warehouses of historical company and market data, statistical algorithms chosen by experienced data scientists, and modern computing capabilities that make collecting, storing, and analysing data fast and affordable.

Algorithmic forecasting is a well-oiled machine, with more than 80 percent of the work happening automatically. Every piece of financial data a decision maker could want is available on their device and all they need to do is ask—literally.

How it change the workforce

While it seems like the machines are taking over, humans are not left entirely out of the process. The success of algorithmic forecasting depends on collaboration with the machines and among people from different teams, including finance, data analytics, and business.

The business finance talent model should evolve to keep up with changes in how work gets done and that will likely require a different mix of people than what organisations have in place today.

However, once they hit their stride, these teams can move across the range of forecasting needs, embedding capabilities in the business and driving integration. These teams are integral to establishing an algorithmic solution that can work for the business, bring insights to life within the organisation, and support continued business ownership of the outcomes.

Related: Workflow And Business Efficiency – 5 Strategies You Ignore At Your Peril

How it changes the workplace

The new teams required for algorithmic forecasting to succeed and the pulling of human resources from other departments will need the workplace to evolve into a more collaborative space, banishing outdated silos.

Forecasting is not limited to finance but all functions, from marketing to supply chain to human resources – basically all functions that need to predict the future to drive important decisions.

While CFOs may not lead function-specific forecasting, they should help shape these forecasting initiatives since finance will inevitably use the outputs they generate.

A shared forecasting infrastructure — even a physical Centre of Excellence (CoE)—can help improve collaboration and coordination while providing efficiencies in data storage, tool configuration, and knowledge sharing.

The beauty of algorithmic forecasting is that once the work is done to solve one specific problem, the same process and capability can be extended and applied in other areas.

Algorithmic forecasting doesn’t create anything out of thin air and it doesn’t deliver 100% precision. However, it is an effective way for getting more value from planning, budgeting, and forecasting efforts.

A commitment to algorithmic forecasting is both cultural and statistical. Making it happen involves people working with technology – neither is enough on its own. Every company will make its own unique journey from its current approach to planning and forecasting to an improved approach.

Continue Reading
Advertisement

SPOTLIGHT

Advertisement

Recent Posts

Follow Us

Entrepreneur-Newsletters
*
We respect your privacy. 
* indicates required.
Advertisement

Trending