Investors
Investors
Legal aspects, spontaneous denunciation, compliance
Administrators
Administrators
Regulations, bank account, company, FINMA authorization
Cryptocurrency projects
Cryptocurrency projects
Legal and tax audit, compliance, regulation and assistance
Cryptocurrencies and money laundering
Payment tokens are one of the 3 categories of tokens recognized by FINMA. Cryptocurrencies can be used as a means of payment for the acquisition of services or goods, or as a method of transferring value.
The second type of token, as defined by FINMA’s classification, is the utility token, which provides access to a service or application through a blockchain-based infrastructure.
The third and final type of token is the investment token, which may include a claim or a share of the issuer. The investment token can include, for example, a share of the company’s future profits or future capital flows. These tokens are analogous to stocks, bonds or derivatives.
A single token may contain features of different types of tokens. This type of token is considered a hybrid and can increase liabilities under different legislation for the parties involved.
The exchange of cryptocurrencies or tokens may present a risk of money laundering. Anonymity and cross-border asset transfers make the use of cryptocurrencies attractive for money laundering purposes. Therefore, individuals who manage such assets in a professional capacity should be aware of the increased risks of money laundering and terrorist financing.
Our firm offers you its expertise in :
- The legal and tax aspects of your activity in connection with crypto-currencies / crypto-assets
- The spontaneous denunciation of a past activity
- Categorization of tokens and compliance with all legal requirements
- Compliance with anti-money laundering requirements applicable to your crypto-currency / cryptoasset business
Payment tokens are one of the 3 categories of tokens recognized by FINMA. Cryptocurrencies can be used as a means of payment for the acquisition of services or goods, or as a method of transferring value.
The second type of token, as defined by FINMA’s classification, is the utility token, which provides access to a service or application through a blockchain-based infrastructure.
The third and final type of token is the investment token, which may include a claim or a share of the issuer. The investment token can include, for example, a share of the company’s future profits or future capital flows. These tokens are analogous to stocks, bonds or derivatives.
A single token may contain features of different types of tokens. This type of token is considered a hybrid and can increase liabilities under different legislation for the parties involved.
The exchange of cryptocurrencies or tokens may present a risk of money laundering. Anonymity and cross-border asset transfers make the use of cryptocurrencies attractive for money laundering purposes. Therefore, individuals who manage such assets in a professional capacity should be aware of the increased risks of money laundering and terrorist financing.
Our firm offers you its expertise in :
- The legal and tax aspects of your activity in connection with crypto-currencies / crypto-assets
- The spontaneous denunciation of a past activity
- Categorization of tokens and compliance with all legal requirements
- Compliance with anti-money laundering requirements applicable to your crypto-currency / cryptoasset business
Cryptocurrency Managers
If you manage cryptocurrencies as an independent portfolio manager, trustee or company, FINMA’s prudential supervision applies to your business from the year 2020. In addition, depending on how you organize your business activities, you must be affiliated with a self-regulatory organization (SRO).
A wide range of cryptocurrency management institutions are subject to the new financial legislation that went into effect in early 2020. Asset managers, fund management companies, representatives of foreign collective investments, custodian banks and Swiss collective investments such as contractual investments are subject to the Collective Investment Act and the Financial Institutions Act. Since January 1, 2020, independent portfolio managers and fiduciaries are also subject to prudential supervision. In order to carry out their activity, they must obtain a license from the FINMA and become members of a self-regulatory organization.
Our firm offers you its expertise in :
- Obtaining an authorization from the FINMA
- Joining a self-regulatory organization
- The constitution of companies
- The opening of a bank account
- Setting up the structure and internal regulations of your company
TGE, ICO, LCO and STO projects
Modern crowdfunding instruments, such as STO, ICO / TGE, IEO allow SMEs to obtain funds directly from many individuals, thus avoiding banks or other traditional financial players.When launching your crowdfunding campaign, you need to decide which instrument you are going to offer investors. You can solicit funding based on a counter value or equity.STO (Security Token Offering) is a crypto asset-based crowdfunding campaign, in which investors invest cryptocurrency in a company in exchange for a token representing a share in the company.ICO or TGE (Initial Coin Offering or Token Generating Event). In these funding models, contributors contribute cryptocurrency and in return receive tokens representing a claim to a startup’s future products.IEO (Initial Exchange Offering) is a crowdfunding campaign model in which an entrepreneur raises money to fund his or her project through a cryptocurrency exchange platform. This model allows the entrepreneur to benefit from the infrastructure of an established cryptocurrency exchange platform, including:
- A technical infrastructure that enables the exchange of tokens for cryptocurrency ;
- Anti-money laundering and “Know Your Client” assistance;
- Marketing support.
Our firm offers you its expertise in setting up your crowdfunding campaign and configuring a financial instrument (token) that you wish to offer to your contributors.
Our firm offers you its expertise in :
- Legal and fiscal analysis of the project
- Adaptation proposal (compliance with FINMA regulations)
- Drafting of legal documents
- Request for a no-action letter from the FINMA
- Assistance in KYC & AML matters
- Affiliation to a self-regulatory organization (SRO)
Modern crowdfunding instruments, such as STO, ICO / TGE, IEO allow SMEs to obtain funds directly from many individuals, thus avoiding banks or other traditional financial players.When launching your crowdfunding campaign, you need to decide which instrument you are going to offer investors. You can solicit funding based on a counter value or equity.STO (Security Token Offering) is a crypto asset-based crowdfunding campaign, in which investors invest cryptocurrency in a company in exchange for a token representing a share in the company.ICO or TGE (Initial Coin Offering or Token Generating Event). In these funding models, contributors contribute cryptocurrency and in return receive tokens representing a claim to a startup’s future products.IEO (Initial Exchange Offering) is a crowdfunding campaign model in which an entrepreneur raises money to fund his or her project through a cryptocurrency exchange platform. This model allows the entrepreneur to benefit from the infrastructure of an established cryptocurrency exchange platform, including:
- A technical infrastructure that enables the exchange of tokens for cryptocurrency ;
- Anti-money laundering and “Know Your Client” assistance;
- Marketing support.
Our firm offers you its expertise in setting up your crowdfunding campaign and configuring a financial instrument (token) that you wish to offer to your contributors.
Our firm offers you its expertise in :
- Legal and fiscal analysis of the project
- Adaptation proposal (compliance with FINMA regulations)
- Drafting of legal documents
- Request for a no-action letter from the FINMA
- Assistance in KYC & AML matters
- Affiliation to a self-regulatory organization (SRO)
Use our legal services for cryptocurrency in Switzerland
We accompany you in all your steps for the investment and the management of cryptocurrencies in Switzerland. If you want a clear and simplified guidance on this subject, call Me Alex Naray and his team.
With his experience, Me Naray is the right person to accompany you in your cryptocurrency project in Switzerland.
Contact us now to get more information about our services!