Gov/en/Portal:Transparency/Legal-Studies: Difference between revisions

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{{KidsIntro|WikiDeal is building a fair online marketplace. Some people give money as a pure gift to help build it. Other people would put in money hoping to get something back later, through special tokens. This page gathers the studies that check how this plan could follow Switzerland's laws about money, taxes and gifts. Lawyers still need to say yes before anything starts.}}

{{ExpertIntro|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, a planned operating entity (Netizen3 (working name, temporary — legal form to be defined, likely a foundation or a cooperative, not a joint-stock company)), and the people who fund the project. Following the September 2026 pivot, the framework under study distinguishes two flows: contributions with an expected return would be investments, received by Netizen3 (to be created), which would finance the realization of the objectives defined by the Foundation; contributions without any return would remain pure donations (Swiss Code of Obligations Art. 239 ss). The former "Rewards" are intended to become WikiDeal Subscription Tokens, inactive at issuance and progressively activated by subscription revenue (CHF 1/month or CHF 10/year). The regulatory positioning under study relies on the FINMA token classification (payment token as working hypothesis, asset token as examined alternative) and on the FinSA Art. 36(1)(b) and (e) prospectus exemptions (fewer than 500 investors or at most CHF 8 million over 12 months, alternative conditions). This inverts the previous "donation, not investment, outside FINMA jurisdiction" argument. The whole framework is proposed as a basis for discussion and must be validated by licensed attorneys before any implementation. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.}}

{{ExpertIntro|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, a planned operating entity (Netizen3 (working name, temporary — legal form to be defined, likely a foundation or a cooperative, not a joint-stock company), and the people who fund the project. Following the September 2026 pivot, the framework under study distinguishes two flows: contributions with an expected return would be investments, received by Netizen3 (to be created), which would finance the realization of the objectives defined by the Foundation; contributions without any return would remain pure donations (Swiss Code of Obligations Art. 239 ss). The former "Rewards" are intended to become WikiDeal Subscription Tokens, inactive at issuance and progressively activated by subscription revenue (CHF 1/month or CHF 10/year). The regulatory positioning under study relies on the FINMA token classification (payment token as working hypothesis, asset token as examined alternative) and on the FinSA Art. 36(1)(b) and (e) prospectus exemptions (fewer than 500 investors or at most CHF 8 million over 12 months, alternative conditions). This inverts the previous "donation, not investment, outside FINMA jurisdiction" argument. The whole framework is proposed as a basis for discussion and must be validated by licensed attorneys before any implementation. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.}}

'''Legal Studies for incubation: Executive Summary''' (framework pivoted 2026-09, pending attorney validation) · Published full study PDF, documenting the previous donation-based framework (fiscal study v3.6.8, 2026-07-19, English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf] · An updated study reflecting the pivot is being prepared and must be reviewed by licensed attorneys before publication.

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 {{KidsIntro|WikiDeal is building a fair online marketplace. Some people give money as a pure gift to help build it. Other people would put in money hoping to get something back later, through special tokens.<br>This page gathers the studies that check how this plan could follow Switzerland's laws about money, taxes and gifts.<br>Lawyers still need to say yes before anything starts.}}
-{{ExpertIntro|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, a planned operating entity (Netizen3 (working name, temporary — legal form to be defined, likely a foundation or a cooperative, not a joint-stock company)), and the people who fund the project.<br>Following the September 2026 pivot, the framework under study distinguishes two flows: contributions with an expected return would be investments, received by Netizen3 (to be created), which would finance the realization of the objectives defined by the Foundation; contributions without any return would remain pure donations (Swiss Code of Obligations Art. 239 ss).<br>The former "Rewards" are intended to become WikiDeal Subscription Tokens, inactive at issuance and progressively activated by subscription revenue (CHF 1/month or CHF 10/year).<br>The regulatory positioning under study relies on the FINMA token classification (payment token as working hypothesis, asset token as examined alternative) and on the FinSA Art. 36(1)(b) and (e) prospectus exemptions (fewer than 500 investors or at most CHF 8 million over 12 months, alternative conditions). This inverts the previous "donation, not investment, outside FINMA jurisdiction" argument.<br>The whole framework is proposed as a basis for discussion and must be validated by licensed attorneys before any implementation. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.}}
+{{ExpertIntro|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, a planned operating entity (Netizen3 (working name, temporary — legal form to be defined, likely a foundation or a cooperative, not a joint-stock company), and the people who fund the project.<br>Following the September 2026 pivot, the framework under study distinguishes two flows: contributions with an expected return would be investments, received by Netizen3 (to be created), which would finance the realization of the objectives defined by the Foundation; contributions without any return would remain pure donations (Swiss Code of Obligations Art. 239 ss).<br>The former "Rewards" are intended to become WikiDeal Subscription Tokens, inactive at issuance and progressively activated by subscription revenue (CHF 1/month or CHF 10/year).<br>The regulatory positioning under study relies on the FINMA token classification (payment token as working hypothesis, asset token as examined alternative) and on the FinSA Art. 36(1)(b) and (e) prospectus exemptions (fewer than 500 investors or at most CHF 8 million over 12 months, alternative conditions). This inverts the previous "donation, not investment, outside FINMA jurisdiction" argument.<br>The whole framework is proposed as a basis for discussion and must be validated by licensed attorneys before any implementation. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.}}
 '''Legal Studies for incubation: Executive Summary''' (framework pivoted 2026-09, pending attorney validation) · Published full study PDF, documenting the previous donation-based framework (fiscal study v3.6.8, 2026-07-19, English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf] · An updated study reflecting the pivot is being prepared and must be reviewed by licensed attorneys before publication.