Legal Advisory in Regulatory Law

A particular focus of our expertise lies in the area of innovative technologies such as distributed ledger technology (DLT) and related projects. In this respect, we act as lawyers in the regulatory planning of new business models in connection with crypto assets and represent our clients vis-à-vis BaFin both in legal coordination and in application procedures for the granting of BaFin licenses under MiCAR, KWG or WpIG. Our advisory experience covers the legal support of centrally operated projects in crypto custody and crypto trading as well as advice on decentralized offerings in the context of decentralized finance. We offer DeFi initiators advice on the regulatory optimization of DeFi projects in the crypto custody segment, staking and lending as well as in all other facets of the smart contract economy.

The capital markets practice of our firm advises on the realization of capital market issuances both in the traditional field and on the basis of crypto securities via a security token offering. The possibilities of tokenization are particularly evident in the capital market and offer capital-seeking companies a future-oriented and innovative way of obtaining financing via the capital markets. Numerous investment products can already be fully tokenized today and the infrastructure of the international capital markets is increasingly adapting to the new possibilities. In addition to drafting the underlying securities terms and conditions under contract law, we also support our clients with regard to a securities prospectus to be prepared, a securities information document (WIB) and other relevant accompanying documentation. Our advisory services range from clarification of the documentation requirements to the preparation of a securities prospectus or other capital market prospectus to competent representation in the approval procedure vis-à-vis BaFin up to and including the approval or authorization of the distribution document. In addition, we also advise our clients on all other types of token sales and projects in the field of tokenization for which no securities prospectus is required.

The advisory services of our law firm regarding applications for BaFin licenses according to MiCAR, KWG or WpIG for crypto business models such as crypto custody, crypto trading or other crypto services include a detailed legal assessment of the planned business model to determine the concrete obligation to obtain a license as well as – if desired – detailed advice on possible alternative arrangements in the planned business process for regulatory optimization. Should it be more practicable for the client to cooperate with an appropriately licensed cooperation partner than to apply for an own BaFin license, we will, if necessary, take over the regulatory coordination with BaFin and assist in negotiating contacts with suitable cooperation partners. We support our clients in the planning and preparation phase as well as in the subsequent BaFin licensing procedure. In addition to advising on the specific requirements for the successful structuring of application procedures, we also actively support our clients in an advisory capacity in the preparation of the documentation required for the issuance of the license. The successful completion of the projects and BaFin licensing procedures that we support is a matter of the highest priority for us as a law firm.