Specializations
Cryptoassets and tokenization
Comprehensive legal support for companies providing services in the area of cryptoassets. Legal advice on tokenization issues.
The popularity of cryptocurrency and tokenisation is constantly evolving. Although legislation is gradually emerging at national and EU levels, many aspects still needs to be regulated. Advising in this area requires from lawyers not only to have a proficient, practical knowledge of the regulatory framework, but also to have actual experience in a differentiated projects, of varying scales. It can also be challenging to support clients in the implementation of business intentions in the absence of specific regulation – in such cases, we advise on the basis of previous knowledge and experience, creating solutions that ensure maximum protection of clients’ interests.
Analyzing national, European and international regulations and best practices regarding the broader cryptoasset market and tokenization issues, including but not limited to:
- the law of March 1, 2018. on anti-money laundering and countering the financing of terrorism (the so-called anti-money-laundering law, AML law);
- regulation on cryptoasset markets (MiCA);
- The position of the KNF, the decisions of the OCCP and the Financial Ombudsman;
- Digital Operational Resilience Ordinance (DORA);
- Cyber Security Directive (NIS2);
- Law on cryptoassets.
We offer comprehensive legal advice to cryptocurrency service companies and entrepreneurs and individuals interested in tokenization.
- How to open a virtual currency exchange and broker crypto assets?
- What regulatory requirements must be met to open a cryptocurrency exchange?
- What regulatory requirements must be met to open an exchange office ?
- How to obtain a registration for virtual currency activities (the so-called VASP license)?
- When should a VASP also be authorized to provide payment services?
- How to obtain a CASP (crypto asset service provider) license?
- What are the legal aspects of token issuance?
- What conditions must be met in order to issue tokens that are electronic money, according to MICA?
- Who can issue a token that is electronic money?
- What conditions must be met in order to issue ART (asset-linked) tokens according to MICA?
- What are digital currencies?
- How to prepare and report to the KNF a disclosure document for the issuance of a MICA-compliant token?
- What are the benefits of using smart contracts?
- Comprehensive legal support in all aspects of business operations for cryptocurrency companies in terms of Polish and European legal regulations.
- Legal advice on opening cryptocurrency exchanges and cryptocurrency exchange offices.
- Advice at every step of the process of establishing a business and obtaining registration in the register of virtual currency activities (known as obtaining a cryptocurrency license).
- Support in the process of applying for a payment service provider license for a cryptocurrency company.
- Develop and implement internal procedures for customer verification (KYC), AML and RODO.
- Legal support for business relations with payment service providers, banks and other financial institutions.
- Legal support and advice to ensure compliance with upcoming regulations, including MiCA.
- Support and advice on the legal aspects of the use of tokens representing rights or property values.
- Legal and tax assessment of blockchain-based services.
- Develop business assumptions for the issuance of EMT and ART tokens.
- Legal analysis of the possibility of issuing, using and trading an e-money token outside the EU, including in particular the UK and the US, if the token were to be traded outside the EU.
- Legal support in obtaining a bank (credit institution) as a partner – depositor of funds raised in connection with the issue – including MiCA.
- Prepare and submit submissions to the KNF, prepare information documents for token issuance, in compliance with requirements from MiCA.
- Advising on the creation of agreements between participants in the token issuance process.
We support Polish, European and international entrepreneurs with digital currencies and tokenization projects, issuers and intermediaries of digital currencies.
We support a project to issue tokens that are electronic money.
We provide legal support for projects using payment instruments based on digital currency feeds.
We also advise companies interested in opening and operating cryptocurrency exchanges and cryptocurrency exchange offices.
