I wasn't quite sure what you meant by gateway. You basically want to sell silver for Nxt and be a regular bullion sales company? If yes then the AML and KYC rules of the Patriot Act would apply to your business.
EDIT I didn't see the bottom part but yes any type of securities and especially if you are calling them securities will be subject to securities laws of the countries the participants are in. Just because it's decentralized it won't change existing securities laws. Those laws also pretty much give a pass to the buyers and place the penalties and regulations on the sellers which you seem to want to be. Be careful!
If you are in the US an MSB is not needed for a bullion company however there are still rules regarding AML and KYC under the Patriot Act. Basically if you accept a certain amount of cash for bullion or buy certain types of PM from customers then you have to report it. It is certainly up for interpretation if crypto-currency is like cash or not. You are supposed to have AML and KYC policies in place for that.
Also if you intend to not fully sell but issue some sort of on demand precious metals certificate you are subject to SEC/ Futures regulations. You don't want that. The less regulation way is to provide storage for customers that purchase your bullion but don't take delivery. Don't call it anything that can remotely be considered a financial instrument.
Good Luck.
I cant just not let people take delivery. My service would be meaningless if I did that.
Also if you intend to not fully sell but issue some sort of on demand precious metals certificate you are subject to SEC/ Futures regulations.
but thats exactly how nxt decentralized asset exchange works. same with ripple also for that matter. There is no way around it. So every single person who offers a good or service through the decentralized asset exchange will be subject to SEC/Futures regulations. I can call it a colored token if i want, but the fact is that nxt decentralized asset exchange is a system for exchanging securities.
i wonder how people in ripple deal with it
*edit* do you think i could get around this problem by not promising to redeem the "token"?
I'm not a lawyer, but one way around that issue could be to call your tokens digital warehouse receipts. As far as I know, you don't need a license to issue a proof-of-ownership document to someone else (as long as you have the goods to back it up, of course.
) It'd be like (say) a bike store issuing a receipt for a new bike in lieu of handing the bike over, which can be done for pre-sales of a model not out yet, or a claim check for a prime-rib roast from a grocery store that's "roast good." Again, I'm not a lawyer, but common sense says that a warehouse receipt in NXT form shouldn't cause you any legal snarl-ups...at least in the case of a non-transferrable receipt.
It might be a different animal if the receipt is transferrable...but it might not be. Back in the day when places like McDonald's sold paper gift certificates, they were bearer instruments and thus transferable. This angle dovetails perfectly with your plan to pour your own bars. x NXT = 1 Gift Certificate, Redeemable For One 10 Ounce Silver Bar At The Anon136 Foundry. There's loads of precedent to show that transferrable bearer gift certificates are legal.
The only difficulty I see comes with the fungibility of NXT. Where's the line between a transferrable warehouse receipt or gift certificate and a security? In Canada, there's a cozy old tradition courtesy of Canadian Tire corporation: "Canadian Tire money." Legally, they're "Cash Bonus" coupons "Redeemable in Merchandise only at Canadian Tire Stores" - i.e., gift certificates with no expiry date. They're bearer instruments, transferrable, and come in denominations as low as 5 Canadian cents. I have some in my wallet right now.
Were you Canadian, you could fend off the authorities by saying that your gateway issues "Cash Bonus Coupons for the silver bars I make, just like Canadian Tire money." A prosecutor would hear "well-known precedent" in the last clause and leave you be. But Canadian law, I'm sure, doesn't reach into your jurisdiction.
As I said, I'm not a lawyer. Pity we can't find a real one and get him or her hooked on NXT. It'd be better than inviting a family doctor to a house party