FINANCE LAW – FINTECH, CRYPTOCURRENCIES, AML/CFT

We are specialists in finance law. Our law firm focuses on advising financial and credit institutions and FinTech projects on legal and tax issues related to the regulation of financial markets, investment services and investment structures.

Furthermore, our strong specialisation is legal and tax advice in the field of cryptocurrencies (crypto-assets). We advise crypto-asset entrepreneurs, cryptocurrency exchanges and other projects based on Smart Contracts technology (NFT), Blockchain and DLT in general (DeFi projects), specifically with regard to the regulation of financial markets and collective investment.

We have also been dealing with the legal regulation of Initial Coin Offering (ICO) and potential conflicts and projections into the regulation of collective investment and related tax issues.

We also deal professionally with AML/CFT compliance. We also act as expert trainers in this area of law and regularly train obliged persons.

FinTech, RegTech and others

We will assess your business plan and, if necessary, prepare and process it for you:

• legal opinion regarding the regulation of financial markets and collective investment,
• the necessary contractual documentation and terms and conditions,
• documents for the required licence with the Czech National Bank or registration (§ 15 of the ICITF Act),
• internal regulations and directives,
• AML/CFT documentation.

Cryptocurrencies, DLT, Blockchain, DeFi, NFT

We will assess your business plan from the legal and tax point of view and, if necessary, prepare and process:

• legal opinion regarding the regulation of your business plan with regard to the regulation of financial markets and collective investment,
• legal opinion on the regulation of your business plan with regard to the substantive scope of the AML Act,
• necessary contractual documentation and terms and conditions,
• documents for the required trade licence (No 81),
• documents for the required licence (if needed) with the Czech National Bank,
• internal regulations and directives,
• AML/CFT documentation.

We also represent cryptocurrency entrepreneurs and other entities in proceedings before the Financial Analysis Office (FAU) and the Czech National Bank (CNB), e.g. in relation to the control of compliance with AML/CFT obligations or in sanction proceedings and in proceedings conducted by the Czech National Bank in the area of capital market supervision.

Initial Coin Offering (ICO), Initial Exchange Offering (IEO) and others

We will assess your Initial Coin Offering (ICO) from the legal and tax point of view and, if necessary, prepare and handle it for you:

• legal opinion regarding the regulation of ICOs with respect to the regulation of financial markets and collective investment,
• legal opinion regarding your token - an assessment of whether it is a utility token, security token, etc. (this legal opinion is required in English for listing with some crypto exchanges or crypto exchanges),
• legal opinion regarding the issuance of a virtual asset with respect to the substantive scope of the AML Act,
• comprehensive contractual documentation for Initial Coin Offering (ICO) or Initial Exchange Offering (IEO), etc., including preparation or revision of the white paper,
• tax assessment of your ICO with respect to tax implications - e.g. VAT liability (especially for tokens whose primary function is not exchangeable) ,
• supporting documents for the required trade licence (No 81),
• documentation for the required licence (if needed) with the Czech National Bank,
• internal regulations and directives,
• AML risk asses,ent,
• AML/CFT documentation, including designation of the FAU contact person and other AML obligations.

Acceptance of Bitcoin and other virtual assets as payment for goods and services ("crypto accepted here")

In connection with the acceptance of Bitcoin and other and other virtual assets as payment, we will prepare and process:

• necessary contractual documentation and terms and conditions to enable the acceptance of Bitcoin / Litecoin etc.,
• documents for the required trade license (No. 81),
• internal regulations and guidelines,
• legal opinion regarding the intention with regard to the material scope of the AML Law,
• consultation and mitigation of legal risks in crypto-asset trading.