Legal Services

BLOCKCHAIN-BASED PROJECTS

DLT Law benefits from a strong experience in advising and supporting international Token Generating Events (TGE) projects, including Initial Coin Offerings (ICO), Limited Coin Offerings (LCO), and developments in Security Token Offerings (STO) with all aspects of banking and financial law, corporate law, tax law and contract law. TGE structuring advice includes notably advice on business model and Tokenomics analysis including drafting of Token qualification memos, drafting and review of whitepapers, review of yellow papers, team building, roadmap definition, facilitator for smart contract coding support and setting up corporate solutions to connect on-chain and off-chain world economies and setup of various Special Purpose Vehicles (SPVs), commercial and/or non-profit entities, in Switzerland and abroad.

 

DLT Law primarily acts as an advisor for banks and other financial intermediaries, legal entities and individuals on various blockchains and other replicated hash-block technologies/cryptocurrencies environments, for all questions relating to Anti-Money Laundering (AML), token qualification, financial authorization request and/or regulatory ruling with the Swiss Financial Market Supervisory Authority (FINMA) and facilitators with Liechtenstein’s Financial Market Authority (FMA Liechtenstein) and Gibraltar Financial Services Commission (GFSC) with our local partners.

 

Services provided also include advice to entrepreneurs on cryptocurrency software and hardware mining, financial products authorization process and ruling in relation with cryptocurrencies and TGEs, such as collective investment schemes, financial derivatives and structured products. DLT Law also has direct access to - and is a facilitator with - Swiss private banks, international banks, Swiss and international tax advisers and other professional service providers such as traders in cryptocurrencies, digital marketing and e-reputation specialists, solidity programmers and ERC-standard smart contracts writers.

 

All or some members of DLT Law are active participants to the Geneva blockchain community, Steering Committee members of the Geneva Annual Blockchain Congress, members of the Geneva DevChain Group, contributors to the ICO Guidelines of Canton Geneva and member of the ICO evaluation committee of the latter, members of the Swiss Finance & Technology Association, members of the Association of International Business Lawyers, members of the International Fiscal Association (IFA) and members of the Swiss and Geneva Bar Association.

BANKING & FINANCE

DLT Law advises in particular institutional and private clients:

  • in banking and financial law (banking law, securities trading law, collective investment schemes law, anti-money laundering and anti-terrorism financing law) and in supervisory law and regulations of the Swiss Financial Market Supervisory Authority FINMA (assurance of proper business conduct, rules of conduct, authorization requests);

 

  • in compliance rules and self-regulatory provisions issued by the Swiss Bankers’ Association, other Self-regulated Organizations (SROs), the Swiss Association of Asset Managers, the International Commodities & Derivatives Association and the Swiss Funds and Asset Management Association;

 

  • in criminal law, white-collar crimes (breach of trust, unfair management, money laundering, lack of vigilance in financial transactions, corruption, etc.) and administrative criminal law (insider trading and stock market manipulation);

 

  • in negotiating and drafting distribution and private placement agreements relating to collective investment schemes, banking / asset management agreements, including general terms and conditions, account opening documentation, asset management and administration mandates, special asset management mandates, pledge agreements, powers of attorney and other fiduciary mandates;
CORPORATE & COMMERCIAL

DLT Law advises clients and companies, including start-ups, SMEs, family businesses and all types of legal entities and business organizations, such as stock corporations, limited liability companies, partnerships, associations and foundations. Services include all aspects of corporate law from the incorporation of new entities to corporate finance, venture capital transactions, corporate restructuring, insolvency and corporate administration services.

 

DLT Law also advises on usual aspects of business and commercial contracts, such as commercial transactions, sales, distribution, agency, licensing and servicing agreements, hence helping entrepreneurs at every stage of their commercial activity.

TAX

DLT Law advises individual clients and corporate entities in the following tax matters:

  • advice for cryptocurrency/token holders
  • cryptocurrency/token tax and estate planning
  • advice for the setup of new companies and other kind of entities or restructuring an existing company or other entity in Switzerland
  • obtaining tax rulings for blockchain and non-blockchain activities
  • advice for individuals taking up residence in Switzerland or in case of tax residence issues
  • obtaining lump sum taxation status for individuals
  • voluntary disclosure for individuals and corporate structures
  • advice on income tax and real estate gains (Impôt sur les bénéfices et gains immobiliers, IBGI)
  • support and assistance in disputes relating to the exchange of tax information
  • estate administration for private clients, inheritance and traditional estate planning
  • disputes with tax authorities
  • UE and Swiss VAT registration
DISPUTE RESOLUTION & LITIGATION

DLT Law represents clients before Swiss courts and administrative authorities, including in civil, commercial and criminal law disputes. According to the final decision of the sole client, duly informed by DLT Law, the latter tends to favor the avoidance of litigation and assists its client in pre-litigation stages and in settling disputes out of court. When litigation is unavoidable or necessary, DLT Law defends the interest of its clients fiercely and without concessions, while keeping options for discussions and settlements - when possible - at any stage of the concerned dispute. As regards international litigation, the Firm also benefits from a strong network of dedicated international practitioners.