Home / Insight / 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.

We actively engage with regulatory bodies, 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.

Attachment
Expert legal guidance for the digital age
Download
PDF 417.4 kB

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, tax and AML laws,
  • 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.

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

 

13/03/2024
CMS Expert Guide on Taxation of Crypto-Assets
Welcome to our comprehensive online guide to taxation of crypto-assets! In this guide, we provide detailed information on individual income tax rules for residents in different jurisdictions, including specific tax rates and withholding taxes. Whethe
Comparable
07/02/2024
CMS Expert Guide to Crypto Regulation
This Expert Guide provides an overview of cryptoasset regulation (prior to the introduction of MiCA), both inside and outside the EU. We summarise the regulations applying to the main activities performed by cryptoasset service providers and the requ
Comparable
14/07/2023
Legal experts on Markets in Crypto-Assets (MiCA) regulation
The European Parliament's approval of new crypto licensing regulations has been largely well-received by the industry, marking a significant first step towards a uniformly regulated digital asset market. The anticipated Markets in Crypto Assets (MiCA) regulation, designed to safeguard consumers and maintain financial stability, is set to come into effect in mid-2024, a move that has garnered initial positive responses. While MiCA applies exclusively in the European Union (EU), its global relevance is undeniable. It positions the EU as a leader in managing this complex domain, providing the world with a regulatory framework for further refinement. Consequently, legal experts and enthusiasts from CMS specialising in crypto and other digital assets have collaborated to provide their perspectives on various facets of MiCA. This webpage serves as a repository for articles encapsulating the present state of affairs. For legal support pertaining to crypto and other digital assets, reach out to your regular CMS liaison or send an email to crypto@cmslegal. com.

Explore more

FinTech

Meet the Co-Heads and the Steering Committee of the CMS Crypto, FinTech & Digital Assets International Focus Group:

Portrait ofTina Balzli
Tina Balzli, LL.M. (NYU), LL.M. (NUS)
Zurich
Portrait ofMarkus Kaulartz
Dr. Markus Kaulartz
Munich
Portrait ofJaime Bofill
Jaime Bofill
Madrid
Portrait ofPaolo Bonolis
Paolo Bonolis
Rome
Portrait ofMartin Friedberg
Dr. Martin Friedberg, LL.M.
Duesseldorf
Portrait ofCharles Kerrigan
Charles Kerrigan
London
Portrait ofChristopher Luck
Christopher Luck
London
Portrait ofKlaus Pateter
Klaus Pateter
Vienna
Portrait ofCristina Reichmann
Cristina Reichmann
Bucharest
Portrait ofSam Robinson
Sam Robinson
London
Portrait ofJérôme Sutour
Jérôme Sutour
Paris
Portrait ofCarolina Veas
Carolina Veas, LL.M.
Santiago
Portrait ofAurélia Viémont
Aurélia Viémont
Luxembourg
Portrait ofClair Wermers
Clair Wermers
Amsterdam
Show more Show less

Feed

23/01/2024
New EBA guidelines to manage AML risks as part of the activities of crypto-asset...
EBA released guidelines amending ML/TF Risk Factors Guidelines to include crypto-asset service providers within its AML framework.On 16 January 2024, the European Banking Authority (EBA) released its...
29/12/2023
Tackling the misuse of crypto-assets for ML-TF purposes
As a constantly evolving sector, the crypto-assets ecosystem presents continuous challenges, particularly in terms of money laundering and terrorist financing (ML-TF) risks.To tackle the misuse of crypto-assets...
15/11/2023
NFTs under MiCAR – are they regulated or not?
The Markets in Crypto-Assets Regulation (MiCAR) sets down a harmonised regulatory framework for crypto-assets. MiCAR's overarching goal is to extend regulatory oversight to those categories of cryptos...
14/07/2023
Legal experts on Markets in Crypto-Assets (MiCA) regulation
The European Parliament's approval of new crypto licensing regulations has been largely well-received by the industry, marking a significant first step towards a uniformly regulated digital asset market. The anticipated Markets in Crypto Assets (MiCA) regulation, designed to safeguard consumers and maintain financial stability, is set to come into effect in mid-2024, a move that has garnered initial positive responses. While MiCA applies exclusively in the European Union (EU), its global relevance is undeniable. It positions the EU as a leader in managing this complex domain, providing the world with a regulatory framework for further refinement. Consequently, legal experts and enthusiasts from CMS specialising in crypto and other digital assets have collaborated to provide their perspectives on various facets of MiCA. This webpage serves as a repository for articles encapsulating the present state of affairs. For legal support pertaining to crypto and other digital assets, reach out to your regular CMS liaison or send an email to crypto@cmslegal. com.