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Why classification comes first

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Every regulatory question in this book begins with a classification. Is the token a security, a payment instrument, a claim on money, a right to use a service, or none of these? The answer decides which statute applies, which licence is needed, which disclosure document must be written and which tax rule governs. Switzerland, Singapore and the European Union each run a taxonomy. They overlap substantially and diverge at the edges, and the edges are where clients live. This chapter sets out the three systems, aligns them in a table and then works through the token types that resist classification.

One warning applies throughout. Classification is a function of what the token does and what rights attach to it, as those facts stand at the moment of analysis. The same token can change category. A utility token sold before the platform exists is, in FINMA's view, an asset token until the platform works. A governance token acquires security characteristics when the protocol begins distributing fee revenue to holders. The analysis must be dated and must be repeated when the facts change.

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of October 2026.

Setting up or expanding in Singapore?

SingaporeIQ is edited by Dr Alexander Ressos, an international business lawyer with more than 15 years of local experience in Singapore as a permanent resident, a Singapore registered foreign lawyer and managing partner of a Singapore foreign law practice. In addition to significant experience in cross-border investments and transactions, UHNWI private client work and sanctions/export controls, Dr Ressos has extensive experience in cross-border business and in crypto and digital-asset projects in Singapore, drawn from more than 700 projects since 2017.

If you are planning a company incorporation, an investment, a holding structure or a market entry through Singapore, you can reach Dr Ressos directly at [email protected]. Singapore law advice is provided by KGP Legal LLC, a licensed firm of Singapore advocates and solicitors. Dr Ressos and his team facilitate the full range of Singapore legal, compliance and company administration services, including company incorporation, corporate transactions, commercial contracts, crypto and digital assets, financial regulatory work and dispute resolution, including litigation in the Singapore courts. For Hong Kong, our parallel site HongkongIQ.com offers the same practical guidance. For crypto and digital assets, dltreg.com covers legal, tax and fiduciary services. For legal, tax and fiduciary services in Switzerland, see helveticaregister.com.