Legal advice around blockchain, digital assets and Web3
- Registration as an Entity Responsible for Registration and Record-keeping (ERIR).
- Advice on alternative financing and the tokenisation of shares in public limited companies, debt and units in collective investment schemes, in compliance with the requirements of the Securities Market and Investment Services Act.
- Advice on the tokenisation of real estate, taking into account the limits of rights in rem, works of art and other digital assets, including contractual issues relating to the digital register representing ownership and the associated underlying asset.
- Design of criminal compliance programmes for companies that incorporate crypto-assets into their business models, with the aim of preventing offences relating to these digital assets. FATF recommendations, MiFID II limits.
- Legal advice on the creation and launch of Web3 products or services, the management of wallets, platforms and associated fees, as well as other types of tokens such as stablecoins (asset-backed tokens or electronic money) or utility tokens.
- Privacy on the blockchain. Analysis of the impact of privacy in relation to blockchain networks, with particular attention to the relationships between data processors and data controllers, international data transfers and the exercise of rights.
- Legal analysis of NFT projects, addressing aspects of the underlying asset and the digital representation of ownership.
- Compliance with the requirements set out in the MICA Regulation prior to its application to existing crypto-asset service providers. Capital requirements and financial standards to ensure asset protection and stability.
- Application and assistance with the authorisation and registration process with the relevant authorities. Legal advice to new companies seeking to operate as crypto-asset service providers.
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CECA´s Opinion
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José Ramón Couso Pascual