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Crypto, FinTech & Digital Assets

Crypto, FinTech & Digital Assets

In today's digital era, transformative innovations such as blockchain and crypto-assets have captured the world's attention, disrupting traditional industries and revolutionizing the way we transact, store data, and build trust. The advent of blockchain technology has ushered in a new era of transparency, security, and efficiency. Its decentralized nature has the potential to revolutionize industries such as finance (payments, capital markets), supply chain, healthcare, corporate structures (DAOs) and to pave the way for the web3.

Blockchain and crypto are no longer just buzzwords. They are here to stay. As the global adoption of these technologies accelerates and their application grows wider, so does the need for expert legal guidance to navigate the complex landscape they bring. The public debate around these issues is crucial as we recognize the need for robust legal frameworks that ensure compliance, protect user rights, and foster responsible innovation.

Crypto-assets offer new possibilities for decentralized finance, borderless transactions, and financial inclusion. Yet, their proliferation has raised concerns around regulatory compliance, investor protection, and the prevention of illicit activities. In this context, not only because of international initiatives such as DAC8 and the crypto-asset-reporting framework (CARF), also compliance with the obligations of local and international tax laws has become increasingly crucial for all market participants.

We actively engage with regulatory bodies, tax authorities, industry associations, and thought leaders to shape the legal frameworks that will define the future of blockchain and crypto. Through our commitment to thought leadership and continuous learning, also regarding technical developments, we ensure that our clients receive the most up-to-date legal advice.

So, whether you are an innovator, investor, or business leader seeking to harness the potential of blockchain and crypto, we invite you to explore our website and discover how our firm can assist you in navigating the legal challenges and unlocking the immense opportunities that lie ahead.

The future is here. Let’s shape it together!


Who are we?

We're an interdisciplinary team of over 400 crypto-savvy lawyers from over 40 countries, equipped with the depth of technical knowledge and experience that serving a diverse range of crypto clients provides. Our unique blend of expertise, industry understanding, and experience is essential when addressing legal matters related to blockchain technology, crypto assets, and FinTech.

Leveraging our specialised knowledge, we guide our clients through the intricate legal landscape, ensuring compliance and facilitating success within the digital economy.

Explore our brief capability statement and don't hesitate to contact us if you require legal advice in this field.

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Expert legal guidance for the digital age

 

What do we offer?

Our legal and tax advice in the crypto space includes, for example:

  • Support for regulatory compliance and licensing requirements for crypto-asset (cryptocurrency, token) and other blockchain-based businesses,
  • Compliance reviews of DeFi applications, including regulatory, capital market, civil law and AML laws,
  • Advising on compliance of crypto-related activities and blockchain-based business models, their documentation and related filings with tax law and on all procedural aspects of interactions with tax authorities in any kind of tax compliance-related proceedings
  • Legal and tax advice and support for the formation, operation, and regulation of crypto-asset and other blockchain-based businesses,
  • Support with ICOs, STOs and other regulatory advice on the marketing and sale / issuance of digital assets,
  • Legal review of smart contracts,
  • SAFTs,
  • Token-DDs (legal reviews of tokens under capital market and tax laws),
  • Obtaining licences from financial supervisory authorities, such as BaFin and FinMA,
  • Advising on the tokenisation of funds, tangible assets, digital art,
  • Advising on mergers and acquisition transactions involving digital assets entities,
  • Advising digital assets entities on fund raising rounds,
  • Regulatory advice on the licensing of the managers of digital assets funds,
  • Structuring of DAOs, including from a corporate and tax
    laws perspective,
  • Advising on the creation and sale of NFTs and the licensing of the underlying assets,
  • Licensing of intellectual property rights relating to NFTs,
  • Advising on data privacy and security issues specific to layer-1 networks,
  • Developing terms and conditions for the trading of digital assets,
  • Protection of intellectual property rights relating to digital assets including patents, trademarks and designs,
  • Advising on tax implications of crypto-asset and other blockchain-based transactions and operations,
  • Representation in disputes and litigation involving crypto-assets, blockchain, digital assets, and FinTech, and serving as an interface for arbitration bodies.

Learn about Crypto Tax Compliance and Risk Mitigation

Who do we serve?

We count hundreds of digital assets entities among our clients – organizations, companies or platforms that deal with digital assets, these include:

  • Pure crypto companies, various layer 1 and layer 2 protocols
  • Some of the largest retail and investment banks
  • FinTech investors, established FinTech companies, and smaller start-ups
  • Funds and other FinTech and digital assets investors
  • Staking providers
  • Crypto-asset exchanges
  • VC investors
  • Wallet providers
  • Blockchain-based businesses
  • Issuers of tokens (utility, asset-referenced, security, non-fungible, etc.)
  • Digital asset custody providers
  • Digital asset trading platforms
  • Decentralized autonomous organizations (DAOs)
  • Digital asset payment processors

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CMS’ global thought leadership expands to more than 40 countries. Find local insights to your specific matter – locally and globally.

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We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.

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