Dear Bitcointalk members,
Thank you for your active participation in this thread. We're now working on the official response regarding this matter and hopefully we can clear things up.
Meanwhile, we want to make clear a few things:
- Bitcoinica is no longer a product of xWaylab Inc., and we no longer operate in the jurisdiction of Delaware. We have registered a new entity outside of United States and we are now a fully licensed financial services provider in that country. (We will announce our new corporate structure with proof of financial services license available from a government site.)
- Bitcoinica is a Bitcoin CFD (Contract For Difference) trading platform, not a bucket shop. Even though our trading facilities don't deliver actual Bitcoins, there is actual trading of Bitcoins among Bitcoinica customers or at other exchanges. The benefit of trading CFDs instead of Bitcoins is the possibility of margin trading of commodity-like assets, instead of contract-like assets. The underlying trading process is absolutely legal.
- We have a legal deadline for doing KYC procedures, and currently we are still far from that. However, we are considering requiring identification documents from our customers. We will launch a poll to hear your voices.
It's surprising that the OP didn't give us more than 3 days to announce the changes at the corporate side of Bitcoinica, and this thread has forced us to put aside our technical development and focus on the legal problems right away. We will address these issues soon.
Thank you, Zhou, for your clear post and update. What many people on this thread do not realize is that CFDs operate legally in most parts of the world except for........surprise, surprise........the USA.
"CFDs are currently available in the United Kingdom, Hong Kong, The Netherlands, Poland, Portugal, Germany, Switzerland, Italy, Singapore, South Africa, Australia, Canada, New Zealand, Sweden, Norway, France, Ireland, Japan and Spain. They are not permitted in the United States, due to restrictions by the U.S. Securities and Exchange Commission on over-the-counter (OTC) financial instruments."
--from:
http://en.wikipedia.org/wiki/Contract_for_difference