2024-04-24 | 4062

Public Offering Issuance Requirements

The National Commission for Digital Assets (CNAD) mandates that issuers submit a comprehensive registration application detailing asset types, offering descriptions, and team information. Applicants must provide a notarized sworn declaration of truthfulness, board authorization, auditor reports, and relevant legal drafts to ensure regulatory compliance. Additionally, issuers are required to disclose smart contract audit status, provide valuation documents for secured offerings, and identify all key personnel involved in project execution and fund management.

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El Salvador

Comision Nacional de Activos Digitales

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Issuer Registration and Public Offering Process: Issuance Requirements:

  1. Application containing the following information: a. Issuer's name b. Type of digital asset c. Description of the offering d. Quantity of digital assets to be issued e. Objectives and uses of funds f. Ticker code g. Digital platforms where the issuances will be listed, advertised, or commercialized h. All smart contract addresses associated with the issuance (if applicable) i. Management and development team j. Location to receive notifications and designate persons authorized for this purpose, including at least their phone number, email address, and physical address.
  2. Sworn declaration by the issuer, or their legal representative or attorney-in-fact, granted before a notary, stating that the information provided accompanying the issuance registration application is true, accurate, and complete. Furthermore, the commitment to keep the information updated at all times with the CNAD and to facilitate information required by Law;
  3. Certification of the agreement of the Board of Directors or the competent authority, which authorized the issuance. The aforementioned certification must be signed by the person authorized for such purposes;
  4. Issuer certification report;
  5. Any document produced regarding the issuance that describes the fundamental aspects of this;
  6. The ticker label or code that will be used to identify the issuance in an abbreviated manner, if applicable;
  7. Drafts of the relevant contracts for the transaction;
  8. In case of having it, documentation certifying that the developer has carried out a smart contract audit process. In case of not having this audit, this fact must be clearly and precisely disclosed in the risk section of the Issuance's Relevant Information Document;
  9. Draft of the Relevant Information Document of the issuance, in accordance with the type of digital asset to be used, which includes at least the content defined in Annex A of the Regulation on Issuer and Public and Private Offering Issuance Registration;
  10. When the issuance is secured with a specific type of guarantee or coverage, documents proving its existence must be presented, and if real estate, additionally a property appraisal must be presented and comply with the requirements established in Annex D of the aforementioned regulation;
  11. Full name, Unique Identity Document Number or passport, Tax Identification Number or its equivalent, address or domicile of the natural or legal persons relevant to the execution of the project or the management of funds, whether as advisors, development team, including software programmers or digital asset service providers.