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Crypto
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of view:
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We can help you prepare for what the future holds for your business.
The crypto sector is developing rapidly and is subject to an increasingly detailed regulatory framework. Businesses active in this space are often faced with questions about the legal qualification of their activities, the applicability of the Markets in Crypto-Assets Regulation (MiCA), licensing requirements, white paper obligations, and the interaction between crypto regulation and other financial regulatory regimes.
Watsonlaw advises clients on a broad range of crypto-related legal and regulatory matters. We assist crypto businesses, token issuers, stablecoin projects, founders, investors, funds and established financial institutions in analysing and structuring innovative products and services and navigating regulatory frameworks. Our work ranges from initial scoping and legal qualification to licensing, structuring, drafting and reviewing documentation, and engagement with regulators.
As part of our broader Fintech practice, our crypto expertise covers both regulatory and transactional matters relating to crypto-assets, blockchain-based business models and digital finance.
Are you developing a crypto or blockchain-based project, assessing the regulatory treatment of a token or service, or preparing for a MiCA-related licensing, notification or issuance process? We are happy to help you identify the applicable framework, structure your activities and determine the next steps for your business. Contact Willem-Jan Smits or Rens Kattenbelt to schedule an introductory call.
How can we help?
Focus areas
Watsonlaw advises on a broad range of legal and regulatory matters relating to crypto-assets, blockchain-based business models and digital finance. Depending on the business model, product or transaction, Watsonlaw assists clients across a wider range of regulatory and legal frameworks.
- Crypto-asset services: Watsonlaw advises on the legal qualification and regulation of crypto-asset services under MiCA. This includes assessing whether a business model falls within the scope of regulated crypto-asset services, whether a crypto-asset service provider (CASP) licence or notification is required, and how a business should be structured from a regulatory perspective. Watsonlaw also advises on MiCA license processes, governance and compliance frameworks, white paper-related issues, and the implementation of ongoing regulatory obligations. Read more about crypto-asset services.
- Issuing crypto-assets: Watsonlaw advises issuers on the regulatory framework applicable to the offering of crypto-assets and the admission of crypto-assets to trading. This includes the legal qualification of crypto-assets, the preparation and review of crypto-asset white papers, and the assessment of whether exemptions or other regulatory considerations apply. Watsonlaw supports clients throughout the issuance process, from early-stage structuring to the publication and review of the required documentation. Read more about crypto-asset issuance.
- Stablecoins, payments and e-money: Certain crypto/blockchain business models raise questions not only under MiCA, but also under payments and e-money regulation. Watsonlaw advises on the qualification and structuring of stablecoin models, including the distinction between ARTs, EMTs and crypto-assets other than ART or EMT, and the interaction between crypto regulation and payments- and e-money-related frameworks. Read more about Stablecoins or about Payments & E-money.
- Investment funds and crypto-assets: Watsonlaw advises on fund structures and investment-related questions involving crypto-assets. This includes regulatory questions for investment funds investing in crypto-assets, structuring issues, and the interaction between crypto exposure and financial regulatory frameworks applicable to funds and fund managers. Read more about Investment Funds.
- Tokenisation of financial instruments: Watsonlaw advises on the tokenisation of traditional financial instruments, such as shares, bonds and other rights. These structures often require an assessment of the applicable legal framework beyond MiCA, including corporate law, financial regulatory law, securities law and prospectus-related considerations. Read more about Finance & Capital Markets.
- DeFi and innovative blockchain models: Watsonlaw advises on decentralised and emerging blockchain-based models, including DeFi-related structures and protocols. These projects often raise complex legal questions relating to governance, legal qualification, decentralisation, service provision, and the possible application of financial regulatory framework. Watsonlaw helps clients identify the relevant legal issues, assess regulatory exposure and structure projects in a legally robust way.
- Broader crypto and blockchain advise: Watsonlaw advises on a wide variety of crypto-, blockchain-, and Web3-related matters, including product structuring, contractual arrangements, compliance questions, interactions with regulators, and legal issues arising in new or hybrid business models.
Our approach
Our approach is practical, pragmatic and hands-on. We understand that clients in the crypto and blockchain sector often operate in fast-moving and innovative environments, where legal advice needs to be clear, responsive and commercially workable.
We work closely with clients to help them navigate complex legal and regulatory questions, assess risk, and structure their activities in a way that is both compliant and operationally feasible. Our advice is tailored to the specific product, service or business model at hand and aimed at providing concrete guidance rather than abstract analysis.
We combine legal analysis with a clear understanding of how crypto businesses operate in practice. Our aim is not only to identify regulatory risk, but also to help clients move forward with a workable and well-structured solution.
Contact us.
Are you assessing whether your activities qualify as regulated crypto-asset services, preparing for a CASP license or notification, or looking to structure your services in a legally robust way?
Watsonlaw advises on the full range of legal and regulatory questions relating to crypto-asset services, including MiCA qualification, licensing, governance, internal documentation, AML/CFT, market abuse, custody, transfer services and the interaction with adjacent frameworks where relevant.
We are happy to assist with the legal qualification of your services, the applicable regulatory framework and the next steps for your business.
Would you like to know more? Please contact Willem-Jan Smits or Rens Kattenbelt.
Download the MiCA Whitepaper.
The draft Markets in Crypto-Assets (MiCA) Regulation was released by the European Commission in September 2020. As with most markets-focused regulations, one of MiCA’s priorities is to limit the potential risks to the consumer. But the EC’s proposal also aims to address certain issues that it sees as hindering the EU crypto-asset sector. In the MiCA Whitepaper we therefore extensively discuss various topics that may be important for issuers and crypto service providers.
Client experiences.
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