- Reviewing the characterisation of a cryptocurrency or token from a global securities law perspective
- Designing token issuance and software development entity structures
- Advising on tax issues resulting from the issuance of tokens
- Structuring pre-mine allocation and vesting arrangements
- Preparing agreements with venture capital investors and related advisors, along with governance agreements with other external stakeholders
- Reviewing ICO/IEO documentation such as terms and conditions, information disclosures and privacy statements
- Advising on local and global anti-money laundering and know your client requirements and ICO/IEO participation restrictions
- Assisting with ongoing corporate secretarial, advisory and intellectual property requirements
- Reputation management and dispute resolution
Blockchain, cryptocurrency and decentralized finance
We help individuals and businesses successfully navigate blockchain, cryptocurrency and the decentralized finance ecosystem.
From cryptocurrency, stable coins, decentralized exchanges and wallets to payment networks, lending and insurance platforms, key infrastructural development, marketplaces, and investment engines, the decentralized finance (‘DeFi’) ecosystem heralds a new and exciting era in global finance.
Our multi-disciplinary blockchain, cryptocurrency and DeFi lawyers advise issuers, innovators, investors, promoters, asset managers and exchanges on securities, corporate, tax, regulation, compliance, dispute resolution, data privacy, cyber security, estate planning and charitable giving matters. With a global team of more than 30 cryptocurrency lawyers across the US, Europe, and Asia Pacific, our clients range from major cryptocurrency exchanges, companies launching initial coin offerings (‘ICOs’) or initial exchange offerings (‘IEOs’), companies innovating in new areas on the blockchain, veteran investors looking to build a more robust asset and succession structure for their accumulated wealth, and new investors in cryptocurrencies and tokens.
We speak the language of DeFi, both legally and technically. We grasp and have even developed the technology underlying innovations in the space. We deal with cryptocurrencies, consensus-based algorithms, and smart contracts on a regular basis for our clients. Our global team also understands and can address all the legal and compliance requirements of pandemic-driven next-generation supply chain ecosystems that utilize artificial intelligence, internet of things (“IoT”) sensors and smart contracts. Together these interoperable ecosystems are the foundation of the next generation global economy.
Fintech disputes and regulatory services
Our team provides regulatory, litigation and arbitration services in the cryptocurrency and fintech space. We are experienced with the existing and changing regulatory framework applicable to individuals and entities operating in or adjacent to this growing area, and we represent individuals and entities in civil litigation and arbitration across the globe and before a wide range of courts, prosecutors, regulators and agencies such as the U.S. Securities & Exchange Commission (‘SEC’), the U.S. Commodity Futures Trading Commission (‘CFTC’), the U.S. Internal Revenue Service (‘IRS’), the Monetary Authority of Singapore, UK Financial Conduct Authority (‘FCA’) and many more.
We routinely advise clients regarding compliance with securities, commodities, tax, anti-money laundering, banking and privacy regulations, including, among others:
• US Money Services Business registrations
• US exempt securities offerings (Regulation A, D, CF exemptions)
• US state “Blue sky” laws and regulations
• California Consumer Privacy Act (CCPA)
• EU General Data Protection Regulation (GDPR)
• EU Anti-Money Laundering Regulations (eg 5AMLD)
• UK Financial Services and Markets Act 2000
• UK The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (UK)
• UK Money Laundering Regulations 2017
• UK E-money Regulations 2011
• UK Markets in Financial Instruments Directive II
• UK Payment Services Regulations 2017
• Singapore Payment Services Act (PSA)
• Singapore and Hong Kong Anti-Money Laundering (AML) and Counterterrorist-Financing (CTF) rules/ ordinance
• Singapore Securities and Futures Act (including the Capital Markets Services license and MAS Sandbox)
• Hong Kong SFC’s Regulatory Framework for Virtual Asset Portfolios Managers, Fund Distributors and Trading Platform Operators
For further help or informationGet in touch
Withers talks: cryptocurrency podcast
Whether you are new to cryptocurrencies or a seasoned investor, if you are involved from a commercial or enterprise standpoint, and no matter where in the world you are based, our Withers talks: cryptocurrency podcast has something for you.
Clarity in a changing art market: NFTs
As the new kid on the block, non-fungible tokens (NFTs) are shaking up the art world. To keep you at the forefront of all things NFT, our partners and colleagues address important questions and considerations for collectors, artists, dealers and beyond on a wide range of current NFT-related legal issues.
How we can help
- Intellectual property protection
- Company formation, along with tax planning
- Compliance with relevant regulatory, licensing and other obligations
- Jurisdictional decision making for tax and regulatory maximization
- Security and privacy review
- Dispute resolution
Promotors and investors
- Developing tax effective ownership structures for promotors and investors
- Advising on the taxation of trading gains as well as income derived from staking, forging, lending, airdrops and hard forks
- Designing asset protection and estate planning structures for promotors and investors
- Advising on information exchange and reporting requirements
- Reviewing OTC brokerage arrangements and escrow
- Audit defense
- Dispute resolution
- Developing cryptocurrency focused fund structures
- Reviewing fund offering and subscription material
- Assisting with distribution and licensing requirements
- Advising upon the taxation of trading gains and performance fees
- Corporate formation, employment advice, intercompany agreements, etc.
- Tax structuring
- Regulatory advice
- Website compliance issues
- Dispute resolution