Every company’s journey begins with an important decision: where to incorporate. For a traditional business, this decision is usually based on factors such as the availability of talent, the cost of living, and proximity to key markets. However, for a Web3 company, there are additional considerations that must be taken into account when choosing a jurisdiction in which to incorporate.
The most important factor is whether the regulatory environment in that jurisdiction is conducive to innovation. A jurisdiction that is too heavy-handed in its regulation of blockchain technology will stifle innovation and creativity. Conversely, a jurisdiction that is too lax in its regulation may create an environment that is ripe for fraud and abuse.
In addition, most jurisdictions have not yet developed a clear legal framework for digital assets. This lack of clarity creates uncertainty and risk for companies who are striving to push the envelope in this new and exciting space.
The Importance of Choosing the Correct Jurisdiction
Let’s review why jurisdiction choice is so important for Web3 projects:
Robust Legal and Regulatory Framework
As Web3 projects are often built on new and untested technologies, it is essential to have a robust legal and regulatory framework in place to provide clarity and certainty for businesses operating in this space.
Operating in a jurisdiction without clear regulations can result in huge legal and compliance risks for Web3 companies. For example, a company could be inadvertently working in a way that violates securities laws or threats consumer protection.
Another important factor to consider when choosing a jurisdiction is whether or not the jurisdiction is open to emerging industries and willing to promote innovation.
This is important because Web3 projects are often at the forefront of new and innovative technologies. And as such, they need a supportive regulatory environment that allows them to experiment and innovate without being unduly hindered by red tape and bureaucracy.
Not every jurisdiction is equally quick to embrace new and innovative technologies. This can present a problem for Web3 companies that want to quickly enter the mainstream economy with products and services built with blockchains and other new technologies.
Fortunately, Bermuda supports innovation and has created a number of initiatives to promote it. For example, the BMA’s Innovation Sandbox allows Web3 companies to test new products and services in a regulatory-light environment.
The Availability of Talent in the Jurisdiction
Web3 projects use new and emerging technologies that often require specialized skills and knowledge. As such, it is important to consider the availability of talent in the jurisdiction when choosing a location for your project.
Not every jurisdiction has a large pool of qualified workers with the necessary skills to work on Web3 projects. This can present a challenge for companies looking to staff their operations in a particular jurisdiction.
If a jurisdiction doesn’t have a deep pool of talent to draw from, it may be more difficult for a Web3 company to reach its full potential. Jurisdictions that are more friendly to blockchain and Web3 technologies are often better able to attract and retain the talent needed by these companies.
Is Bermuda the Answer?
Bermuda has emerged as one of the most attractive jurisdictions for Web3 founders due to its forward-thinking stance on regulation, supportive government, and world-class infrastructure.
The Bermuda Monetary Authority (BMA) is committed to fostering an environment that allows emerging technologies, such as blockchain, to flourish to their full potential.
This commitment was put into action when the BMA enacted the Digital Asset Business Act 2018, which provides a clear legal framework for companies engaged in digital asset activities. This act strikes the right balance between protecting consumers and giving businesses the flexibility they need to operate in a compliant manner.
The BMA has also established a non-sandbox innovation category (Class IIGB) to address the rising demand for regulatory clarity around digital assets; further proving Bermuda’s dedication to adapting to the ever-growing insurtech industry.
Bermuda also has world-class infrastructure, including a well-developed financial services sector, robust telecommunications and IT infrastructure, and excellent professional services. This makes it an ideal jurisdiction for Web3 founders looking to set up shop in a supportive environment with the necessary infrastructure in place to support their business.
The Bottom Line
The jurisdiction in which your Web3 project is based can have a significant impact on its success. It’s important to consider the robustness of the legal and regulatory framework, the willingness of the jurisdiction to promote innovation, the availability of talent, and the speed with which the jurisdiction is able to embrace new technologies.
Web3 companies that choose their jurisdictions wisely are more likely to be successful in the long run, so it’s important to take the time to do your research and choose the jurisdiction that’s right for your project.