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Tokenization of Real Estate:

What, Why and How?

Legal issues around

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Most of the real estate tokenization projects’ problems are a lack of understating how to legally structure tokenization and how to enable transactions on the blockchain. The insufficiency in existing legislation is what limits blockchain from wide adoption on the markets.

Several models of real-estate tokenization are already being actively developed, such as:

Shares in real-estate funds
Timeshares
Tokenized REITs
Investments in and loans to development projects
Ownership of real estate through a special-purpose vehicle (discussed in more detail below)

Companies interested in developing a real-estate token must carefully consider a host of legal and other issues in connection with their offerings. These issues are highly complex and require the assistance of experienced real estate, securities, tax, and blockchain attorneys and other professionals.

Some of the most significant issues that must be considered and dealt with are:

Type of Interest
Legal Entity
Smart Contracts
Securities Regulations
Asset Type
Location
Tokenization Ratio
Mortgage Issues
Tracking Tokenholders
International Sales
Other Legal and Regulatory Regimes.
Tax and Reporting Considerations
AML/KYC/Investor Accreditation
Corporate Code (including other entity types)

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