Our expert commercial lawyers offer advice on the contractual arrangements underpinning our clients’ commercial practices and can support cryptocurrency businesses with their commercial agreements and terms of business. We advise on blockchain, agreements for the creation and maintenance of online payment-platforms, software design and development agreements and licensing, data privacy aspects. We also support clients with contractual arrangements surrounding the issuance of Non-fungible Tokens (NFTs) and intellectual property rights (IPR) licensing aspects. Our corporate team advise on company incorporations and structure; we create bespoke companies with articles of association that are tailored to the specific needs of the business, and advise across all aspects of corporate governance.
REGULATORY AND COMPLIANCE
Our financial services regulation group specialises in Financial Conduct Authority (FCA) compliance. We assist clients on perimeter advice relating to cryptocurrency activities and whether their business activities would require them to be fully authorised by the FCA or registered with the FCA for the purposes of anti-money laundering (AML). Our previous experience includes advising in relation to one of the earliest bitcoin trading platforms and advising a business who failed to submit its application for FCA AML registration by the deadline and was required to cease its business activities. We also provide FCA compliance support and are experienced in dealing with regulatory enquiries/investigations.
LENDING AND SECURITY
Our banking and finance specialists offer expert advice on all aspects of lending and security where the purpose of lending is to acquire or refinance cryptoassets and where cryptoassets are secured. We act for banks, institutional lenders and borrowers in connection with finance transactions where cryptocurrency is utilised as a form of consideration and/or payment or security. We work collaboratively with other teams across the firm to negotiate appropriate warranties, indemnities, representations and covenants contained in finance documents in relation to cryptocurrency.
Our corporate tax team provides expert advice on reconstructions and re-organisations, exit strategies, fund raising, investment structuring, succession in family businesses, tax reliefs and exemptions. We advise individuals and businesses on the tax considerations regarding cryptocurrency activities, investments, trading and lending.
ESTATE PLANNING AND WEALTH PROTECTION
It is important for investors and developers of cryptocurrency to consider several factors and plan early with respect to estate planning and what happens to these assets on death. This includes thinking about provisions for digital assets in your Will, a detailed digital inventory of your online accounts and what information you would like your family to have access to following your death. Our specialist succession and tax lawyers know that retaining wealth and providing for your family is a key concern, and they can help you navigate tax and estate planning matters relating to cryptocurrency to ensure your investments are passed on in accordance with your wishes. Our family team advise on divorce and matrimonial finance cases involving and including cryptocurrency and wealth protection work, including nuptial agreements involving complex financial portfolios, including cryptocurrency and cryptoassets.
CIVIL FRAUD AND ASSET RECOVERY
Our commercial litigation and civil fraud team specialises in cross border fraud and asset recovery. In the past 4 years we have litigated assets worth nearly US $10bn in 7 jurisdictions. We advise on international cryptoasset tracing and recovery, freezing or defending freezing orders over cryptoassets worldwide and commercial litigation where cryptoassets are at stake.
CRIMINAL AND REGULATORY DEFENCE
Our expert defence solicitors understand how stressful a criminal investigation or prosecution can be. If you are being investigated or prosecuted in relation to the use of cryptocurrency, receiving the right advice from the outset is essential. We provide criminal and regulatory advice and defend clients in FCA enforcement investigations, market abuse, money laundering and fraud allegations. We advise on tax fraud offences including the corporate offence of failing to prevent the facilitation of tax evasion and confiscation and restraint, as well as AML advisory work (such as risk assessments, customer due diligence, policies and procedures).
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