0001870043-21-000001.txt : 20210701
0001870043-21-000001.hdr.sgml : 20210701
20210701133144
ACCESSION NUMBER: 0001870043-21-000001
CONFORMED SUBMISSION TYPE: 1-A
PUBLIC DOCUMENT COUNT: 15
FILED AS OF DATE: 20210701
FILER:
COMPANY DATA:
COMPANY CONFORMED NAME: Blackchip 001, LLC
CENTRAL INDEX KEY: 0001870043
IRS NUMBER: 863761226
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 1-A
SEC ACT: 1933 Act
SEC FILE NUMBER: 024-11570
FILM NUMBER: 211065148
BUSINESS ADDRESS:
STREET 1: 67 WALL ST APT 10H
CITY: NEW YORK
STATE: NY
ZIP: 10005
BUSINESS PHONE: 19146181377
MAIL ADDRESS:
STREET 1: 67 WALL ST APT 10H
CITY: NEW YORK
STATE: NY
ZIP: 10005
1-A
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Blackchip 001, LLC
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67 Wall Street, Suite 10H
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P. Christopher Wegner
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WEGNER LAW PLLC
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Estimated Net Proceeds Calculation (above) of $3,700 does not include any offering fees as all fees in connection with the offering are to be paid by Blackchip Technologies, LLC
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Blackchip 001, LLC
Membership Interests
20
0
100% of the membership interests in Blackchip 001, LLC were issued to Blackchip Holdings, LLC (Delaware Limited Liability Company) in return for a $100 capital contribution.
The foregoing issuances were pursuant to Section 4(a)(2) of the Securities Act of 1933, as amended, for transactions by an issuer not involving any public offering.
PART II AND III
2
descriptionofbusiness.txt
Description of Business
The details contained in this offering circular relating to the
Ethereum Blockchain, art, wine and whisky industries are taken
from third-party sources that the Company believes to be
reliable and the Company believes that the information from such
sources contained herein are reasonable, and that the factual
information therein is fair and accurate.
Overview
We were formed as a Delaware limited liability company in May
2021, by Blackchip Holdings to facilitate an investment in the
Painting by Marcel Dyf. We are a manager-managed limited
liability company. Upon our formation, Blackchip Holdings was
issued membership interests of the Company representing 100% of
our membership interests. Blackchip Technologies currently holds
20 Class A share tokens of the Painting. Our affiliate Blackchip
Holdings had sourced and provided capital outlay to purchase the
Painting. As of the initial closing of the offering, we will
enter into the administrative agreement with Blackchip
Technologies, to which they will provide administrative services
for the Painting and our business.
Our Business
Blackchip believes that alternative assets have been a
fundamental reason for the accumulation of wealth. However, rare
assets are expensive leaving large barriers of entry into these
markets. Investors typically have very little access to
alternative investments, however at Blackchip we aim to solve
that. We want to revolutionize the way investors diversify their
portfolios. Rare artwork, wine and whisky assets that have
historically outperformed the stock market and with the help of
Blackchip in the marketplace, we can make purchasing ownership
shares of these rare assets more accessible to everyone.
Leveraging cryptocurrency, we can create a market for high
volume of transactions and in an environment where investors can
easily buy, sell or trade their shares. As the world enters a
new age of digital currency, Blackchip will emerge as one of the
most unique alternative asset platforms.
Our objective is to become the leading marketplace for investing
in rare assets which offer our investors the potential for
substantial returns. All users of the Blackchip Platform will
have the opportunities to engage with the artwork, wine and
whisky along with their respective artist, Chateau or
distillery. Owning a portfolio of unique appreciating tangible
assets provides a feeling that owning a stock simply cannot.
The Blackchip Platform will allow users access to ownership
interests in appreciating portfolios or artworks, rare wine and
whisky. The Class A share tokens of the Painting are
fractionalized into crypto tokens known as "ERC20 Tokens." Each
token represents a share of the beneficial interest of the
Painting by Marcel Dyf which can traded instantly via the
Blackchip Platform. All tokens of artwork, wine or whisky are
secure blockchain tokens, compliant with the Ethereum ERC20
standard. The ERC20 is a standard protocol which defines the
rules & workings of the tokens on the Ethereum Blockchain
Network. The functions implemented in the ERC20 structure allows
for tokens to be both unique & standardized. Tokenizing assets
help investors enjoy the safety of the Ethereum protocol & the
convenience of storing them on any of the popular crypto
wallets.
Asset Acquisition
Blackchip Holdings acts as an asset agent for our Company in
which it sources and privately negotiates the purchase of the
asset from the Private Seller/Auction or otherwise mentioned
resource as stipulated in the Offering Documents. In accordance
with the agreement set forth by us and Blackchip Holdings, the
fees associated with all sourcing services and capital outlay
are detailed in section "COMPENSATION OF DIRECTORS AND EXECUTIVE
OFFICERS."
Asset Selection Process
It is our objective to acquire a diverse collection of top tier
and unique post-war, contemporary art, rare vintage wine and
limited-edition whisky sourced directly from private collectors
or from the Chateau and distillery themselves. We will pursue
investments opportunistically whenever we can leverage our
industry-specific knowledge, unique sourcing angle or our
relationships to bring compelling investment opportunities to
investors. We aim to acquire only the highest of caliber assets
and to manage that will provide continued value appreciation and
to enable respectful enjoyment and utilization by the investors
and future owners of the sales.
Through our network of artists, galleries, collectors, and
members of our independent Advisory team, we will build a
portfolio of compelling opportunities in the rare asset market,
with the intent of driving returns for investors who own the
applicable asset. Our heavily researched market approach will
help us study and identify the latest trends in the market to
find assets in which we believe will not only resonate with tech
friendly investors but will provide a significant return . We
will consider factors such as rarity, significance, historical
prices, originality, value, condition, and social trends when
deciding whether to acquire an asset. We look forward to
maintaining an ongoing list of investment opportunities and a
database of interesting news relating to market trends and
updates across the various assets categories.
We will consider the growth potential, historical significance,
ownership history, past valuation of the asset and comparable
assets. Our diligence process will include a review of public
auction data, opinions from art advisors in our network,
precedent and comparable transactions, among other metrics.
Once we acquire the asset, it will be insured and then
transported and warehoused in a climate-controlled, highly
secure location. During our hold period which is ideally framed
to be 2-7 years, we will monitor increases in market value and
keep investors notified of any portfolio updates. In some
instances, the asset may be loaned to museums or other
interested parties for fees that will then be distributed to
investors.
Market Opportunity
We believe the overall investment environment is exceedingly
interesting for new investors and favorable for high performing
alternative asset classes. With volatility striking traditional
asset classes such as stocks, investors are looking for a safer
alternative. One of which that is also incorporating the new age
of digital currency. On our blockchain-based platform, investors
will be able to leverage all the advantages that come with it.
Blockchain transforms the way digital asset data is collected,
validated, updated and maintained. It provides a single source
of truth that eliminates the need for data reconciliation
creating full transparency for the investor. We understand that
investors seek opportunity to participate in ownership of assets
that they otherwise wouldn't have exposure to, and we aim to
bridge that gap.
Artwork
According to the Art & Finance Report 2019 by Deloitte and The
Art Basel and UBS Global Art Market Report 2019 by UBS Global
reflect the global private art market to be $1.7 Trillion with
$64.1 in Global Sales. Despite its size, the art market is
complex and largely undocumented. Unlike traditional asset
classes such as equities or fixed income, there is a lack of
transparency due to the limited publicly available data as most
art transactions occur privately. We believe there is an
opportunity to use our platform to make the market more liquid
and transparent for all investors. Using Blockchain, we can
transform the way asset data is collected, validated, updated
and maintained. Additionally, according to Artprice100, a 'blue-
chip' Art Market Index compiled of the Top 100 performing
artists shows since its launch in 00' the index has reflected
the art market has outperformed the S&P 500 by more than 250%
from Jan 00' to Dec 18'. We believe that the art market presents
itself with incredible opportunity for growth and advancement of
the industry.
Wine
According to Fortune Business Insights, the global wine market
value is $364.3B with a projected market value of $444.9B by
2027. With an average annual return of 12% as reported by Liv-ex
Fine Wine, wine has proven itself as a top investment class.
Live-ex Index represents the 1000 most traded wines globally.
Throughout history the wine industry has not only flourished but
has been a major part of the global economy. Although all wine
comes from grapes, not all wine is created equal. The value of
rare wine is broken out into three major indicators (i.e.
Scarcity, Vineyard and Vintage) which will drive value over the
course of its life. Having the perfect balance of availability,
prestige and age will give the wine high demand. Additionally,
the wine market has very little correlation with stock market
downturns. According to the Live-ex Index, during the global
scale impact of the COVID-19 virus, the months of January 1st to
March 31st the 1,000 most traded wines fell about 4% while the
S&P 500 fell more than 23%. Wine has proven itself to be a top
investment class with low volatility.
Whisky
According to the Knight Frank Research 2020 Wealth Report Luxury
Investment Index, the value of rare whisky increased more than
560% in the past decade. With massive interest in whisky as in
investment class, the whisky market stands to benefit the most.
The global whisky market is valued at $59.63B with a future
market value of $86.4B by 2027. Rare whisky has not only
outperformed the stock market as an investment class but in 2019
alone, the whisky market rose 40% outpacing its precious stone
counterpart 'gold' which reached highs of 21%. The whisky
collector?s market is growing substantially, and we have created
a platform to capture that price growth. We believe that
collecting and investing in valuable whisky conveys a
collector?s financial savvy and great taste.
Ethereum Blockchain
The Ethereum Blockchain Network is an open-source, trustless,
decentralized network of computers that use a unique coding
language and blockchain technology to exchange applications for
cryptocurrency tokens of value. The entire Ethereum Network
works like a programmable blockchain. It uses a peer-to-peer
protocol to allow users to create applications or ?smart
contracts,? which they can add to the blockchain and execute by
sending Ether to them. Ethereum Smart Contracts are pre-defined
self-executing codes that users add to the blockchain and signal
an agreement between two or more parties. They run on the
Ethereum Virtual Machine (EVM), the totality of all the Ethereum
nodes (computers) worldwide. When smart contract requirements
are met, the code is executed without approval from a third
entity. Ethereum is decentralized platform, meaning that each
smart contract on it is stored on computers in multiple
locations. The veridicality of these contracts is proven by the
entire network and not by an all-governing authority. Ethereum
is not under the control of any governmental authorities or
banking institutions. The Ethereum platform is fully autonomous,
and its authenticity is given by the thousands of computers and
volunteers that work on it around the world.
Ethereum has a $370B market cap with projections to reach double
that by end of 2021. The global crypo market is growing at a
staggering rate and with Ethereum being the second largest
cryptocurrency by market cap, it grows along with it. Ethereum,
at its peak, has returned a massive 114,242% ROI since
inception. The institutional world is now taking notice. With
the likes of HSBC, Microsoft, Samsung SDS, Toyota Research
Institute, Barclays, among many others have all created
opportunities and found uses for Ethereum in their systems. The
future of Ether is clear and will become increasingly relevant
to the large business models.
Blackchip Affiliate Services
As stated in the agreement between our Company and Blackchip
affiliates, Blackchip Technologies will fund our ongoing
operating costs and expenses and manage all administrative
services relating to our business and the Painting. In exchange
for these services and as reimbursement for administrative
costs, we will issue 20 Class A share tokens to Blackchip
Technologies commencing on the final closing of the Offering.
PART II AND III
3
itemone.txt
OFFERING CIRCULAR
BLACKCHIP 001, LLC
BLACKCHIP TECHNOLOGIES, LLC
67 WALL STREET
SUITE 10H
NEW YORK, NY 10005
www.JoinBlackchip.com
WEGNER LAW PLLC
875 109th Ave N
SUITE 302
NAPLES, FL 34108
+1 239.449.9200
Offering Circular
July 1, 2021
185 Class A ordinary shares tokens
Representing Class A Limited Liability Company Interests
$3,700 Maximum Offering Amount
We are offering up to $3,700 of our Class A share tokens
representing Class A limited liability company interests, at an
offering price of $20.00 per Class A share token in a ?Tier 2?
offering under Regulation A (the ?Offering?). We expect to offer
Class A share tokens in this Offering until we raise the maximum
amount being offered.
BLACKCHIP 001, LLC is a Delaware limited liability company
formed to facilitate an investment in a single work of art by
Marcel Dyf (the ?Painting?). This Offering is being conducted
on a ?best efforts? basis, which means that there is no
guarantee that any minimum amount will be sold through our
affiliate Blackchip Technologies, LLC.
The maximum offering period is 18 months from the date of
commencement, but we reserve the right to terminate this
Offering for any reason at any time prior to the initial
closing. Subscriptions will be accepted on a rolling basis and
the initial closing of the Offering and the final closing of the
Offering will occur on a date or dates determined by our Manager
in its discretion. This Offering will commence on the date this
Offering is qualified by the U.S. Securities and Exchange
Commission. If any of the Class A share tokens offered remain
unsold as of the final closing, such Class A share tokens shall
be issued to Blackchip Technologies, LLC. in full satisfaction
as described in this Offering Circular. There is no minimum
number of Class A share tokens or dollar amount that needs to be
sold as a condition of any closing of this Offering. Once
subscriptions are received, and funding has closed, the shares
are subsequently available for trading immediately with no
lockup requirements.
Our affiliate Blackchip Technologies, LLC is in preliminary
development of the Blackchip Platform which will be implemented
on the Ethereum Blockchain. The platform allows investors to
acquire ownership interests in a special purpose company that
invests in rare artwork, wine and whisky or a collection of each
through cryptocurrency. All Class A shares will be made
available via ERC-20 tokens. Unlike most other cryptocurrencies,
all Blackchip tokens will be 100% backed by the physical value
of the underlying asset. Upon completion of the application,
each investor can establish a user profile on the platform,
allowing them to browse and survey potential artwork, wine and
whisky investments. The platform will allow users to view
details of an investment and sign contractual documents on the
application. Blackchip offers unique integration of liquidity
pools which users can access to buy, sell or trade their
membership interests (i.e. ERC tokens) without having to rely on
peer-to-peer transactions. Investors can enjoy the freedom to
choose investment opportunities that fit their risk tolerance
while also enjoying the ability to easily liquidate their
shares.
ERC20 tokens are crypto-tokens built on the Ethereum blockchain
adhering to the ERC20 token standard. ERC20 token standard is a
set of functions to be implemented by all ERC20 tokens on the
Ethereum blockchain to allow for seamless integration with other
contracts, marketplaces, or wallets. ERC-20 tokens are similar,
to Bitcoin or any other cryptocurrency as ERC-20 tokens are
blockchain-based assets that have value and can be sent and
received. We do not intend to be the facilitator of market
transactions as the crypto exchange Uniswap will execute
secondary transactions on our behalf. Uniswap is a decentralized
protocol for automated liquidity provision based on the Ethereum
Network. Uniswap allows the automatic sale and purchase of ERC-
20 tokens. In order to provide complete liquidity for users on
Uniswap, Blackchip must stake a percentage of the assets value
on the Uniswap platform for users to begin accessing secondary
tokens. All Class A share tokens will adhere to the ERC20
standard protocol and all exchange of tokens will be carried out
by Uniswap. Investors will be able to access, asset backed
tokens upon completion of the Blackchip Platform commencing
early 2022, post qualification of this Offering.
No sales of Class A shares will be made prior to the
qualification of the Offering statement by the SEC. All Class A
shares will be offered in all jurisdictions at the same price
that is set forth in this offering circular.
Number of Class A Shares
Per Class A share: 1
Total (1): 185
Price to public
Per Class A share: $20
Total (1): $3,700
Underwriting discount and commissions (2)
Per Class A share: $0
Total (1): $0
Proceeds to issuer
Per Class A share: $20
Total (1): $3,700
(1) Assumes that the maximum aggregate offering amount of
$3,700 is received by us.
(2) These amounts cannot presently be determined.
The Class A shares are to be offered on a ?best efforts? basis
primarily through the Blackchip Platform. The Company is not
offering, and does not anticipate selling, Class A shares in any
state not detailed in the Jurisdiction section.
We are an ?emerging growth company? as defined in the Jumpstart
Our Business Startups Act, or the JOBS Act, and, as such, may
elect to comply with certain reduced reporting requirements for
this offering and future filing. We expect that our operations
will not cause us to meet the definition of an ?investment
company? under the Investment Company Act of 1940, as amended
(the ?1940 Act?), because (1) at all times our sole assets will
consist only of cash and single work of art, bottle of wine or
whisky neither of which is deemed to be a ?security? for
purposes of the 1940 Act, and (2) at all times we will not be
engaged primarily in owning, holding, investing or trading in
?securities? (as such term is used for purposes of the 1940
Act).
The offering statement we filed with the SEC includes exhibits
that provide more detailed descriptions of the matters discussed
in this offering circular. You should read this offering
circular and the related exhibits filed with the SEC and any
offering circular supplement, together with additional
information contained in our annual reports, semi-annual reports
and other reports and information statements that we will file
periodically with the SEC. Periodically, we will provide an
offering circular supplement that may add, update or change
information contained in this offering circular. Any statement
that we make in this offering circular will be modified or
superseded by any inconsistent statement made by us in a
subsequent offering circular supplement.
An investment in our interests involves a high degree of risk.
See ?Risk Factors? for a description of some of the risks that
should be considered before investing in our interests.
Our corporate website address is located at
www.joinblackchip.com and information contained on the website
is not a part of this offering circular.
This offering circular is following the offering circular format
described in Part II of Form 1-A.
BLACKCHIP 001, LLC
The date of this offering circular is July 1, 2021.
PART II AND III
4
itemthree.txt
Summary and Risk Factors
The interests offered hereby are highly speculative in nature,
involve a high degree of risk and should be purchased only by
persons who can afford to lose their entire investment. There
can be no assurance that our investment objectives will be
achieved or that our asset tokens gain interest, whether via the
Blackchip Platform or otherwise. The risks described in this
section should not be considered an exhaustive list of the risks
that prospective investors should consider before investing in
our interests. Prospective investors should obtain their own
legal and tax advice prior to making an investment in our
interests and should be aware that an investment in our
interests may be exposed to other risks of an exceptional nature
from time to time. The following considerations are among those
that should be carefully evaluated before making an investment
in our interests.
Risks Related to the Structure, Operation and Performance of the
Company
Start-up nature
Our company was recently formed and has not generated any
revenues and has no operating history upon which prospective
investors may evaluate their performance. No guarantee can be
given that our company or asset interests will achieve their
investment objectives, the value of the underlying assets will
increase, or the underlying assets will be successfully
monetized. Due to the start-up nature of our company, there can
be no guarantee that we will reach our funding target or acquire
multiple unique investments from potential investors. In the
event we do not reach a funding target, we may not be able to
achieve our investment objectives by acquiring additional
assets.
No business strategy like ours.
We believe that are no other companies that crowdfund artwork,
wine and whisky collectively. We also believe that there are no
other companies that have attempted to Offer shares in rare
assets through cryptocurrency tokenization. Our company and our
interests may not gain market acceptance from potential
investors, potential asset sellers or service providers within
the art, wine and whisky industry, including insurance
companies, appraisers, and strategic partners. This could result
in an inability of our manager to operate the underlying assets
profitably. This could impact the issuance of further assets
interests. Without the addition of new and unique assets,
investors would not access to a variety of alternative
investments to choose from.
The offering amount may exceed the value of the asset.
The size of an offering will exceed the purchase price. When the
asset is to be sold and there had not been substantial
appreciation of the asset prior to such sale, there may not be
sufficient proceeds from the sale of the asset to repay
investors the amount of their initial investment (after first
paying off any liabilities on the asset at the time of the
sale).
Ability to execute our business plan and our Manager success.
The successful operation of our company (and therefore, the
success of each asset) is in part dependent on the ability of
our manager and asset manager to source, acquire and manage the
underlying assets. As our manager has only been in existence
since November 2020 and is an early-stage startup company, it
has no significant operating history. We will be highly
dependent on the expertise and performance of our manager and
its team, its expert network and other investment professionals
(which include third party experts) to source, acquire and
manage the underlying assets. There can be no assurance that
these individuals will continue to be associated with our
manager or asset manager.
Potential breach of Security
The highly automated nature of the Blackchip Platform through
which potential investors acquire or transfer interests may make
it an attractive target and potentially vulnerable to cyber-
attacks, computer viruses, physical or electronic break-ins or
similar disruptions. The Blackchip Platform processes certain
confidential information about investors, asset sellers and the
underlying assets. While we intend to take commercially
reasonable measures to protect our confidential information and
maintain appropriate cybersecurity, the security measures of the
Blackchip Platform, our company, our manager or our service
providers could be breached. Any accidental or willful security
breaches or other unauthorized access to the Blackchip Platform
could cause confidential information to be stolen and used for
criminal purposes or have other harmful effects. Security
breaches or unauthorized access to confidential information
could also expose us to liability related to the loss of the
information, time-consuming and expensive litigation and
negative publicity, or loss of the proprietary nature of our
manager?s and our company?s trade secrets. If security measures
are breached because of third-party action, employee error,
malfeasance or otherwise, or if design flaws in the Blackchip
Platform software are exposed and exploited, the relationships
between our company, investors, users and the asset sellers
could be severely damaged, and our company or our manager could
incur significant liability or have their attention
significantly diverted from utilization of the underlying
assets, which could have a material negative impact on the value
of interests or the potential for distributions to be made on
the interests.
Non-compliance with Regulations
Furthermore, we are not registered and will not be registered as
an investment company under the Investment Company Act of 1940,
as amended, or the Investment Company Act, and neither our
manager nor our asset manager is or will be registered as an
investment adviser under the Investment Advisers Act of 1940, as
amended, or the Investment Advisers Act, and thus the interests
do not have the benefit of the protections of the Investment
Company Act or the Investment Advisers Act. We and our manager
have taken the position that the assets are not ?securities?
within the meaning of the of the Investment Company Act or the
Investment Advisers Act. This position, however, is based upon
applicable case law that is inherently subject to judgments and
interpretation. If we were to be required to register under the
Investment Company Act or our manager were to be required to
register under the Investment Advisers Act, it could have a
material and adverse impact on the results of operations and
expenses of an asset and our manager may be forced to liquidate
and wind up the Offering or rescind the offering for any
interests.
Risks Related to the Art, Wine & Whisky Industry
Portfolio Creation
Investors looking for diversification will have to create their
own diversified portfolio as available in the Blackchip Platform
personal portfolio tracker. In order to diversify the users must
invest in other opportunities in addition to the interests
offered hereby. Investment in this Offering does not entitle the
user to any shares or tokens in relation to a separate Offering.
Each Asset of our company is expected to be either in art, wine
or whisky.
Given the concentrated nature of the underlying assets (i.e.,
only art, wine & whisky) any downturn in those industries is
likely to impact the value of the underlying assets, and
consequently the value of the interests. Furthermore, assets may
be impacted if an economic downturn occurs and there is less
disposable income for individuals to invest in alternative
investments such as art, wine and whisky. In the event of a
downturn in the industry, the value of the underlying assets is
likely to decrease. Demand for high value art, wine & whisky
depends to a large extent on general, economic, political and
social conditions in a given market as well as the tastes of the
collector or art enthusiast community resulting in changes the
types of assets that are most sought after.
Difficult Valuations
Valuations of art, wine and whisky are difficult. Valuations of
the underlying assets will be based upon the subjective approach
taken by the members of our manager?s expert network, valuation
experts appointed by Management or other data provided by third
parties (e.g., auction results and previous sales history). Our
manager sources data from reputable valuation providers in the
industry; however, it may rely on the accuracy of the underlying
data without any means of detailed verification. Consequently,
valuations may be uncertain. Valuation of assets at Offering are
not guarantees of realizable price, do not necessarily represent
the price at which our interests may be later sold. Assets may
be materially affected by several factors outside of our
control, including, any volatility in the economic markets or
political trade impacts.
Risks Related to Cryptocurrency Industry
Future government regulations
With cryptocurrency being largely adopted in 2020-2021, the SEC
and other Government entities are projected to implement large
regulations regarding Bitcoin and alternative coins in which
Blackchip operates. Depending on the regulations enacted in the
future, the access to cryptocurrency and or fees associated with
transactions may change and have a material impact on the user?s
asset tokens.
Risks Related to the Assets
Potential loss of or damage to an asset
The asset may be lost or damaged by causes beyond our reasonable
control when in storage or on display. Any damage to an
underlying asset could adversely impact the value of the
underlying asset. Although we intend for the underlying assets
to be insured at replacement cost (subject to policy terms and
conditions), in the event of any claims against such insurance
policies, there can be no guarantee that any losses or costs
will be reimbursed, that the underlying assets can be replaced
on a like-for-like basis or that any insurance proceeds would be
sufficient to pay the full market value.
Loss Exposure and or reputational harm
We may become involved in various legal proceedings, lawsuits,
and other claims incidental to the ordinary course of our
business. We are required to assess the likelihood of any
adverse judgments or outcomes in these matters, as well as
potential ranges of probable or reasonably possible losses.
Title or authenticity
There is no guarantee that an underlying asset will be free of
any claims regarding title and authenticity (e.g., counterfeit
or previously stolen art and collectibles), or that such claims
may arise after acquisition of an asset. We may not have
complete ownership history restoration/repair records for an
underlying asset. In the event of a title or authenticity claim
against us, we may not have assistance against the asset seller,
or the benefit of insurance and the value of the underlying
asset may be diminished.
Risks Related to the Offerings and Ownership of our Interests
Ethereum Blockchain
Built on the Ethereum Blockchain; the Uniswap exchange allows
users to resell asset token interests at different prices than
what may have been purchased for them. This could result in
volatility to an amount below what was paid for your interests.
State law restrictions on an investor
Each state has its own securities laws, often called ?blue sky?
laws, which limit sales of securities to a state?s residents
unless the securities are registered in that state or qualify
for an exemption from registration . There may be significant
state blue sky law restrictions on the ability of investors to
sell, and on purchasers to buy, our interests. Investors should
consider the resale market for our interests to be limited.
Investors may be unable to resell their interests, or they may
be unable to resell them without the significant expense of
state registration or qualification.
PART II AND III
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itemfour.txt
Dilution
As of the date of this filing, 100% of the membership interests
of the Company are held by Blackchip Holdings. Pursuant to the
initial closing of the Offering, the title of the Marcel Dyf
Painting will also be contributed to Blackchip Holdings. There
will be no dilution of investor Class A share tokens. The
membership interests assigned to Blackchip Technologies can
however, from time to time, be distributed for sale to add
additional interests in the Painting offered if there is an
increased demand in the asset or to cover unexpected operating
expenses.
PART II AND III
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itemfive.txt
Plan of Distribution and Selling Securityholders
Through the Blackchip Platform investors can directly invest in
art, wine and whisky opportunities which historically have been
difficult for retail investors to access. The platform allows
for investors to browse, screen potential investments and sign
legal documents electronically. We intend to distribute each
Class A interests exclusively through the Blackchip Platform
with secondary trading options accessed via the Uniswap
exchange. The platform will allow users to purchase asset tokens
representing Class A shares in the Painting directly on the
application. For the first time, investors can invest in rare,
price appreciating asset classes using cryptocurrency. Artwork,
wine and whisky have universal demand and through the
tokenization of shares users have the freedom to trade those
asset tokens easily and efficiently. Our manager will perform
best efforts to find purchasers for each Class A share token,
pursuant to this offering circular. Accordingly, the gross
proceeds from the Offering shall be the same as the net proceeds
from the Offering. This Offering will not exceed 18 months from
the date of commencement which is in accordance with Rule
251(d)(3) of Regulation A. In the case that any Class A share
tokens are not sold, the remaining shares will be issued to
Blackchip Technologies. At the discretion of the Manager, the
remaining asset tokens not sold can be distributed at a later
date depending on future asset demand.
PART II AND III
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itemsix.txt
USE OF PROCEEDS TO ISSUER
We expect to receive gross proceeds from this Offering of up to
$3,700. Blackchip Technologies, LLC will pay all expenses of the
Offering, including fees and expenses associated with
qualification of the Offering under Regulation A. If the
Offering is not fully subscribed, the remaining unsold Class A
shares will be issued to Blackchip Technologies, LLC in full
settlement of such obligations. Accordingly, Blackchip Holdings
has complete ownership of the painting prior to SEC
qualification and has no indebtedness.
PART II AND III
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itemseven.txt
Overview
Blackchip Technologies, LLC formed as a Delaware limited
liability company in May 2021, by Blackchip Holdings to
facilitate access to alternative investments such as rare
artwork, wine and whisky through cryptocurrency. We are a
Manager-managed limited liability company. Upon our formation,
Blackchip Holdings, LLC was issued membership interests of the
Company representing 100% of our membership interests. Blackchip
Technologies, LLC currently holds 20 Class A share tokens in the
Marcel Dyf painting.
The Marcel Dyf Painting has been purchased in a privately
negotiated transaction from a Private Seller for $3,100 by using
funds advanced to us by Blackchip Holdings. The advance does not
incur any interest payments. The Company has closed on the
acquisition of the Painting prior to the initial closing of this
Offering.
Blackchip offers a unique opportunity for investors to benefit
from the appreciation of rare assets as well as exposure to
cryptocurrency transactions in a decentralized marketplace.
Investors for the first time can allocate a portion of their
portfolio in assets that have historically outperformed the
stock market while also having the ease to trade them as freely
as they'd like.
We are offering 185 Class A share tokens in the Offering for
aggregate consideration of $3,700. All proceeds from this
Offering will be used as full repayment of the Blackchip
Holdings loan advance. Any unsold Class A shares in this
Offering will be issued to Blackchip Technologies. Pursuant to
the closing of the Offering, ownership title of the Marcel Dyf
Painting will be contributed to our beneficial owner, Blackchip
Holdings.
Blackchip Technologies expects to generate revenues and cash
flow once all share tokens of the Painting are sold. The
investors will realize profits once the Painting is sold for
more than what the offering amount is considered, and we have
sufficient funds after payment of all associated costs and fees
in connection with the sale of the Painting. Investors are also
able to realize profit if they are able sell their Class A share
tokens for a price higher than they purchased them for. To
achieve complete liquidity for all Class A share tokens we will
be reliant on the Uniswap exchange along with the integration of
Ethereum scaling solutions which will allow users to transfer
tokens easily, faster and cheaper. The integration of Uniswap
and scaling solutions allow businesses such as ourselves to
scale while simultaneously cutting down on carbon footprint.
Blackchip Technologies will manage all our administrative
services and Blackchip Holdings will maintain the title of
Painting. In exchange for these services and paying all ordinary
and necessary operating costs and expenses, Blackchip
Technologies will receive equity interests in the Painting
commencing on the final qualification of the Offering.
Blackchip will also manage any non-routine services which may
arise, including, litigation or services in connection with a
sale of the Painting or any sale, merger, third-party offer or
other similar transaction involving the company.
Blackchip will market, display and promote the Painting in a
manner designed to enhance its provenance and increase its
exposure and its value.
PART II AND III
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itemnine.txt
MANAGEMENT?S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND
RESULTS OF OPERATION
Overview
Since its formation, our company has been engaged primarily in
acquiring a collection of investment grade artwork, wine and
whisky, with loans from Blackchip affiliates, along with the
offering and other materials to begin fundraising. We?re
considered to be an early development stage company, since we
are devoting substantially all our efforts to establishing our
business platform.
Emerging Growth Company
Upon the completion of our initial offering, we may elect to
become a public reporting company under the Exchange Act. We
will qualify as an ?emerging growth company? under the JOBS Act.
As a result, we will be permitted to, and intend to, rely on
exemptions from certain disclosure requirements. For so long as
we are an emerging growth company, we will not be required to:
Have an auditor report on our internal controls over financial
reporting pursuant to Section 404(b) of the Sarbanes-Oxley Act.
Comply with any requirement that may be adopted by the Public
Company Accounting Oversight Board regarding mandatory audit
firm rotation or a supplement to the auditor?s report providing
additional information about the audit and the financial
statements (i.e., an auditor discussion and analysis). Submit
certain executive compensation matters to shareholder advisory
votes, such as ?say-on-pay? and ?say-on-frequency;? and disclose
certain executive compensation related items such as the
correlation between executive compensation and performance and
comparisons of the CEO?s compensation to median employee
compensation. In addition, Section 107 of the JOBS Act also
provides that an emerging growth company can take advantage of
the extended transition period provided in Section 7(a)(2)(B) of
the Securities Act for complying with new or revised accounting
standards. In other words, an emerging growth company can delay
the adoption of certain accounting standards until those
standards would otherwise apply to private companies. We have
elected to take advantage of the benefits of this extended
transition period. Our financial statements once performed may
therefore not be comparable to those of companies that comply
with such new or revised accounting standards.
We will remain an ?emerging growth company? for up to five
years, or until the earliest of (i) the last day of the first
fiscal year in which our total annual gross revenues exceed $1
billion, (ii) the date that we become a ?large accelerated
filer? as defined in Rule 12b-2 under the Exchange Act, which
would occur if the market value of our common shares that is
held by non-affiliates exceeds $700 million as of the last
business day of our most recently completed second fiscal
quarter or (iii) the date on which we have issued more than $1
billion in non-convertible debt during the preceding three year
period.
Operating Results
Revenues are generated on the sale of investments depending on
sale price, when fund raising has closed depending on number of
Class A shares tokens sold and for each traded token. All
secondary exchanges will be carried out on the Uniswap exchange
platform. The Painting has generated no revenues. Our assets are
not expected to generate any revenues pursuant to the
qualification of this Offering. We had incurred no operating
expenses for the year ended December 31, 2020. Blackchip
Technologies is responsible of all Operating Expenses related to
its investment offerings, such as storage and insurance
beginning on the closing date of the offering.
Capital Resources
As of May 2021, The Marcel Dyf Painting has been purchased in a
privately negotiated transaction from a Private Seller for
$3,100 by using funds advanced to us by Blackchip Holdings. The
advance does not incur any interest payments. The Company has
closed on the acquisition of the Painting prior to the initial
closing of this Offering. Pursuant to the closing of the
Offering, ownership title of the Marcel Dyf Painting will be
contributed to our beneficial owner Blackchip Holdings.
Plan of Operations
Our company has not commenced operations. We intend for our
Company to start operations at the time of the initial closing
of the offering. All assets and liabilities related to our
Company and to Blackchip are the responsibility of our Manager
and the responsibility of the affiliate companies. The proceeds
from any offerings will be used to cover operating expenses,
legal fees and agent service fees as they arise.
Off-Balance Sheet Arrangements
We did not have during the periods presented, and we do not
currently have, any off-balance sheet arrangements.
PART II AND III
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itemten.txt
DIRECTORS, EXECUTIVE OFFICERS AND SIGNIFICANT EMPLOYEES
The Manager
Our company operates under the direction of our Manager, who
along with our affiliate companies are responsible for directing
the operations of our business, directing our day-to-day
affairs, and implementing our investment strategy. Our manager
has established a team of independent Advisors that will assist
in decisions with respect to all asset acquisitions,
dispositions and logistics. Our manager is required to devote
such time to our affairs as their duties require. Our manager is
responsible for determining maintenance required in order to
maintain or improve the asset?s quality. Additionally, our
Manager will determine how to monetize the underlying assets by
evaluating potential sale offers.
Our company will follow guidelines adopted by our manager and
implement policies set forth in the operating agreement unless
otherwise modified by our manager. Our Manager may establish
further written policies and will monitor our administrative
procedures as well as responsibilities held at Blackchip
affiliate companies regarding investment operations and
performance to ensure that the policies are fulfilled. Without
approval from interest holders, our manager may change our
objectives at any time. Our manager performs its duties and
responsibilities pursuant to the operating agreement. Our
manager maintains a contractual relationship with us and our
interest holders. Furthermore, we have agreed to limit the
liability of our manager.
Manager & Affiliate Entities Responsibilities:
Asset Sourcing:
Oversee the overall underlying asset sourcing. Structure and
negotiate the terms and conditions of transactions pursuant to
which underlying assets may be sold or otherwise disposed.
Manage all assets sourcing and acquisition activities including,
creating the asset acquisition agreements, organizing and
evaluating due diligence for asset acquisition opportunities,
and structuring partnerships with collectors, wineries,
distilleries and galleries who may provide opportunities to
source quality assets.
Offering related services
Our Manager will create and manage all membership interests for
offerings related to underlying assets on the Blackchip
Platform. Manger will coordinate with company lawyers and
accountants as necessary to create and submit all necessary
regulatory filings including, but not limited to, Commission
filings and financial audits.
Investor Relations Services
Our Manager along with our affiliates will maintain
communications with interest holders, including answering e-
mails, preparing and sending written and electronic reports and
other communications as they arise. The Blackchip Platform will
aim to establish advanced infrastructure to better help the
investors with support and other services.
Administrative Services
Our Manager along with our affiliates will oversee and maintain
all necessary reporting, record keeping, internal controls in
order to allow us to comply with applicable law. Maintain
accounting and activity data as will be required to prepare and
to file all periodic financial reports with the Commission and
any other regulatory agency, including annual financial
statements. Additionally, our Manager and our affiliate
companies will conduct market research for economic and
statistical data in connection with the underlying assets and
the general art, wine and whisky markets.
Directors, Executive Officers and Key Employees of the Manager
The following table sets forth the name and position of each of
the current executive officers, directors and significant
employees of our manager.
Name: Nicholas J. Beato
Position: Chief Executive Officer
Age: 26
Term of Office (Beginning): 11/1/2020
Approximate hours per week for part-time employees: N/A
Nicholas J. Beato - Mr. Beato's professional experience lies in
the field of financial services with clients in the hedge fund
and private equity industry. He is also an active art collector
and long-time crypto investor. His passion for unique
investments drove him to innovate the rare alternative asset
industry. He created Blackchip with the goal to make rare assets
more accessible.
Our Manager has never been involved or convicted in a criminal
proceeding (excluding traffic violations and other minor
offences)
PART II AND III
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itemeleven.txt
COMPENSATION OF DIRECTORS AND EXECUTIVE OFFICERS
Compensation of Executive Officers
We do not currently have any employees nor do we currently
intend to hire any employees who will be compensated directly by
our company. Our manager manages our day-to-day affairs, oversee
the review process, selection and recommendation of investment
opportunities, service acquired investments and monitor the
performance of these investments to ensure that they are
consistent with our investment objectives. The Company, and its
affiliates will receive certain fees and expense reimbursements
for services relating to this Offering and the acquisition,
maintenance and sale of the Painting. The items of compensation
are summarized below.
Compensation of Manager
Our manager will receive reimbursement for costs incurred
relating to this and other offerings (e.g., Offering Expenses)
The following table sets forth the form of compensation and the
recipient of such compensation together with the determination
of the amount and the estimated amount.
1) Form of Compensation: Sourcing Fees
Description: Blackchip Technologies intends to charge agent
fees for all asset related offerings which is intended to
be reasonable compensation for Blackchip Holdings capital
commitment and sourcing services.
Estimate Amounts: $600
2) Form of Compensation: Premium Fees
Description: Blackchip Technologies subjects all assets
sold at gain to a 15% ?premium fee? of the difference
between the Offering amount and the sale amount following
the final closing of this Offering.
Estimate Amounts: These amounts cannot presently be
determined.
PART II AND III
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itemtwelve.txt
SECURITY OWNERSHIP OF MANAGEMENT AND CERTAIN SECURITYHOLDERS
As of the date of this filing, 100% of the membership interests
of the Company as well as the title of the Marcel Dyf Painting
are held by Blackchip Holdings.
Our Manager via the Blackchip Technologies will be issued 20
Class A shares tokens of the Offering amount in exchange for
Administrative services on our behalf. Of the Class A shares
tokens issued to Blackchip Technology our manager may sell all
or any portion from time to time following the closing of such
offering.
The address of our manager is 67 Wall Street, Suite 10H, New
York, NY, 10005
We have determined beneficial ownership in accordance with the
rules of the SEC. We believe, based on the information furnished
to us, that our Manager , the Company, affiliates and entities
named in the tables below have sole voting and investment power
with respect to all Class A share tokens that they beneficially
own.
We have presented the beneficial ownership of the Class A share
tokens based on the assumption that all 185 Class A share tokens
offered in this Offering will be sold. The number of Class A
share tokens beneficially owned by a person and the percentage
ownership of that person after this Offering, we deemed
outstanding Class A share tokens subject to any securities held
by that person that are currently exercisable or convertible
pursuant to the qualification of this Offering.
In November 2020, Nicholas J. Beato, the Founder and Chief
Executive Officer of Blackchip owns 100% of the membership
interests of Blackchip Holdings, LLC, which owns 100% of the
membership interests in the other Blackchip entities, including
Blackchip Technologies. Per agreement documents, Mr. Beato has
the power to vote 100% of the membership interests beneficially
owned by Blackchip.
Blackchip Holdings, LLC owns 100% of the membership interests of
our company and Blackchip Technologies. Blackchip Technologies,
LLC will be entitled to receive 20 Class A share tokens issued.
PART II AND III
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itemthirteen.txt
INTEREST OF MANAGEMENT AND OTHERS IN CERTAIN TRANSACTIONS
Company Funding & Beneficial Ownership
Blackchip Holdings, LLC is the beneficial owner of all the
Blackchip affiliated entities. Nicholas J. Beato, the Chief
Executive Officer of Blackchip Technologies, also deemed the
beneficial owner of the Blackchip entities given his power to
exercise voting control through an agreement with the Holding
Company. Mr. Beato is the individual responsible for funding the
Blackchip Platform and is also able to control the activities of
all Blackchip entities.
Duties of Our Affiliates
Our Manager and the key professionals performing services for us
under the following entities.
Blackchip Holdings, LLC, the owner of the Blackchip App Platform
and all other Blackchip Entities;
Blackchip Technologies, LLC, which handles all business-related
activities;
All Blackchip Entities are Delaware Limited Liability Companies
with the exception of Blackchip Holdings, LLC which is domiciled
in the state of Florida.
Summary of Transactions
The following includes a summary of all transactions since the
beginning of our 2021 fiscal year:
In May 2021, Blackchip Holdings acquired the Marcel Dyf Painting
on behalf of Blackchip Technologies in exchange for a note in
the principal amount of $3,700. This note does not bear any
interest and must be repaid within 30 days of the final closing
of the offering membership Interests (i.e., when the offering is
fully funded). The sourcing agent fees for acquiring the asset
will be included in the Offering amount detailed in the section
titled "COMPENSATION OF DIRECTORS AND EXECUTIVE OFFICERS."
PART II AND III
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itemfourteen.txt
SECURITIES BEING OFFERED
Description of Interests
Our company is a Delaware limited liability company offering 185
Class A share tokens in the Offering for aggregate consideration
of $3,700. All outstanding Class A share tokens of the Painting
are tokenized into ERC-20 tokens. ERC20 tokens are crypto-tokens
built on the Ethereum Blockchain adhering to the ERC20 token
standard. ERC20 token standard is a set of functions to be
implemented by all ERC20 tokens on the Ethereum blockchain to
allow for seamless integration with other contracts,
marketplaces, or wallets. ERC-20 is similar, in some respects,
to bitcoin or any other cryptocurrency as ERC-20 tokens are
blockchain-based assets that have value and can be sent and
received. The Ethereum Blockchain Network is an open-source,
trustless, decentralized network of computers that use a unique
coding language and blockchain technology to exchange
applications for cryptocurrency tokens of value. This network in
which the Blackchip Platform operates is fully autonomous, and
its authenticity is given by the thousands of computers and
volunteers that work on it around the world.
All interests offered by this offering circular will be
authorized and issued pursuant to the qualification of this
offering. Upon payment in full for each Class A share token
purchased on the Blackchip Platform, as determined by our
manager, the holders of the interests will not be liable to our
company to make any additional capital contributions. All
interest in the asset once funded can be easily traded on our
decentralized platform and distributions upon the sale of the
asset if rendering a realized gain after fees, will be
distributed back to shareholders. Holders of the interests
offered hereby have no appraisal rights, no pre-emptive rights
to the purchase of Class A share tokens and no preferential
rights to distributions. We will also subject our ERC20 asset
tokens to audits for the purpose of security and compliance with
standards. The token audits will provide comfort for our users
that the tokens are operating properly.
Bookkeeping & Reporting
We are required to keep appropriate books of the business at our
principal offices. The books will be maintained for both tax
and financial reporting purposes on a basis that permits the
preparation of financial statements in accordance with
GAAP. For financial reporting purposes and tax purposes, the
fiscal year and the tax year are the calendar year, unless
otherwise determined by our manager in accordance with the
Internal Revenue Code. Our manager will file with the
Commission periodic reports as required by applicable securities
laws.
Under the Securities Act, we must update this offering circular
upon the occurrence of certain events, such as asset
acquisitions. We will file updated offering circulars and
offering circular supplements with the Commission. We are also
subject to the informational reporting requirements of the
Exchange Act that are applicable to Tier 2 companies whose
securities are registered pursuant to Regulation A, and
accordingly, we will file annual reports, semiannual reports and
other information with the Commission. In addition, we plan to
provide holders of interests with periodic updates, including
offering circulars, offering circular supplements, pricing
supplements, information statements and other information.
Investor Updates
We will provide such documents and periodic updates
electronically through the Blackchip Platform or via email
address. As documents and periodic updates become available, we
will notify token holders by sending an email message or a
message through the Blackchip Platform that will include
instructions on how to retrieve the periodic updates and
documents. We will provide holders with copies via email or
paper copies at any time upon request.
Exclusive Jurisdiction
Any dispute in relation to the operating agreement is subject to
the exclusive jurisdiction of the Court of Chancery of the State
of Delaware, and each investor will covenant and agree not to
bring any such claim in any other venue. If a holder of the
interests were to bring a claim against our company or our
manager pursuant to the operating agreement, it would have to do
so in the Delaware Court of Chancery. Notwithstanding the
foregoing, if, for any reason, the Delaware Chancery Court does
not have jurisdiction over an action, then the action may be
brought in other federal or state courts located in Delaware.
In addition, the exclusive jurisdiction provision contained in
the operating agreement does not apply to claims under the
Exchange Act or the Securities Act. Section 27 of the Exchange
Act creates exclusive federal jurisdiction over all suits
brought to enforce any duty or liability created by the Exchange
Act or the rules and regulations thereunder, and Section 22 of
the Securities Act creates concurrent jurisdiction for federal
and state courts over all suits brought to enforce any duty or
liability created by the Securities Act or the rules and
regulations thereunder.
Listing
The interests offered hereby are not currently listed or quoted
for trading on any national securities exchange or national
quotation system.
PART II AND III
15
theartworkdetails.txt
Asset Details
BLACKCHIP 001, LLC is a Delaware limited liability company
formed to facilitate investments in a single work of art by
Marcel Dyf (the ?Painting?). The details contained in this
offering circular relating to the artist, the Painting and the
art industry are taken from third-party sources that the Company
believes to be reliable and the Company believes that the
information from such sources contained herein regarding the
artist, the Painting and the art industry is reasonable, and
that the factual information therein is fair and accurate.
The Marcel Dyf Painting has been purchased in a privately
negotiated transaction from a Private Seller for $3,100 by using
funds advanced to us by Blackchip Holdings. The advance does not
incur any interest payments. The Company has closed on the
acquisition of the Painting prior to the initial closing of this
Offering. Pursuant to the closing of the Offering, ownership
title of the Marcel Dyf Painting will be contributed to our
beneficial owner Blackchip Holdings.
Specifications
Artist: Marcel Dyf
Artwork: Jeune fille revant
Size: 28 3/4" x 23 5/8"
Medium: Oil on Canvas
Creation Year: Early 20th Century
Purchased From: Private Collector
Purchased For: $3,100
Year Purchased: 2021
Provenance
The Jeune fille revant Painting by Marcel Dyf was sold to a
private collector at auction prior to purchase by Blackchip. The
painting had originated from the Estate of Maria P Spaght, a
resident at the Dorset Hotel Residence on West 54th St in New
York City. Maria was married to the CEO of Shell Oil in the 60's
through the 70's and was actively involved in fundraising with
politicians, actors and the Rockefeller's. The painting had been
given to the family as a gift from Marcel Dyf himself.
Marcel Dyf (October 7, 1899 ? September 15, 1985) was a French
painter best known for his work in the Impressionist movement.
The artistic climate to which he was exposed in Paris and in
Normandy was crucial during his youth, as innovative ideas and
new thinking, born of the Impressionist and Post-Impressionist
movements. In 1935, Marcel opened his first studio to pursue his
calling and expand his focus in art. By 1940, the German
invasion of France during the Second World War had been
underway, he quickly joined the French Resistance in Correze and
the Dordognhe. He had little formal artistic training but owed
much of his inspiration to the great masters of the past such as
Rembrandt and Vermeer. The Musee Arlaten in Arles, France, and
the Smith College Museum of Art in Northampton, MA, have the
artist?s work as part of their permanent collections.
Market Assessment
Our mission is to bring value and unique investment
opportunities to our investors. Our manager having collected
such artworks previously by Marcel Dyf has experienced the
artists historically growth. He is globally recognized for his
landscape impressions and portraits of his wife. According to
recent auction data, his work is currently sold on the market
ranging from $6,000 to $15,000 for paintings of comparable
specifications.