Technological innovations linked to the use of smart contracts and blockchain are revolutionizing – through a rapid and inexorable process of disintermediation – the payment and financial services industry (so-called Fintech) and the capital market. Innovation is appearing in numerous other sectors such as, for example, real estate (Prop Tech), regulation of financial intermediaries (Reg Tech), insurance (Insurance Tech) and legal services (Legal Tech).
LEXIA is the first law firm in Italy to have created a department dedicated to the study and assistance to clients in relation to legal, fiscal and regulatory issues related to the offer and intermediation of virtual currencies (cryptocurrencies) and other crypto-assets, as well as more generally of digital products, tools and services via blockchain.
We offer support in all aspects of providing financial services, both online and offline. We understand the complexities of financial marketing online and via mobile apps and collaborate with experts in various sectors, such as data protection, cybersecurity, intellectual property and consumer protection.
We provide comprehensive consultancy services to a wide range of clients in the blockchain industry, including exchanges, wallet providers and digital asset issuers. Our expertise also extends to investor advisory, including brokerage firms, banking institutions, start-ups, lending platforms, payment companies, trading systems, tech companies, financial services providers, virtual currency companies and payment services.
LEXIA is the only Italian law firm to be part of the Fintech Legal Network, an international network of independent law firms specializing in Fintech, Blockchain and Financial Services.
- Applying regulations to blockchain-based products and services: We assist clients in understanding and complying with financial intermediary, banking, payment services and anti-money laundering regulations in relation to blockchain-based products and services.
- Drafting Token Purchase Agreements and Legal Sections of White Papers: We assist in drafting legally sound token purchase agreements and creating legal sections of white papers for issuing new cryptoassets.
- Regulatory Compliance: This includes advice on registration requirements, disclosure obligations and investor protection measures in compliance with applicable securities laws and financial regulations.
- Intellectual Property Protection: We evaluate copyrights, trademarks and patents, as well as provide strategies to safeguard clients’ intellectual property assets within the blockchain ecosystem.
- Privacy and Data Protection: We develop privacy policies and procedures to handle your data securely and in accordance with relevant data protection laws.
- Ongoing Legal Support: We offer ongoing legal support to clients operating in the blockchain and cryptoasset space. This includes staying abreast of legal developments, monitoring regulatory changes and providing proactive advice on compliance matters and emerging legal issues.
- Designing the Legal Structure of NFTs: We assist clients in establishing the legal structure surrounding NFTs, taking into account factors such as the enforcement of financial intermediary regulations, intellectual property protection for NFTs, tax treatment, and the creation of smart contracts.
- Tax Treatment: We provide guidance on the tax implications of NFTs, helping clients understand the tax obligations associated with the creation, trading and transactions of NFTs.
- Smart Contract Creation: We assist clients in creating and implementing smart contracts that govern NFTs. This includes drafting and reviewing smart contract code to ensure it is in line with intended functionality, as well as advising on the legal implications and potential risks associated with smart contracts in the context of NFTs.
- Drafting of legal opinions: we offer expert legal opinions on the qualification of tokens as “financial products” in Italy and in the main jurisdictions of the European Union (EU). We evaluate the regulatory framework and provide guidance on compliance requirements. Additionally, we address tax considerations related to token offerings and transactions
Token qualification and legal structure: We analyze the characteristics and functionality of tokens, including utility tokens, investment tokens, currency tokens and hybrid tokens, and determine their legal classification. - Token Offering Documentation: We prepare comprehensive legal documentation for token offerings, including token purchase agreements, terms and conditions, and white papers.
- Token governance and investor protection: We advise on governance mechanisms for token issuers to ensure transparency, accountability and protection of investor interests. We help in developing robust governance frameworks and mechanisms for token holders and stakeholders.
- Assistance in dealing with regulatory authorities: we represent clients’ interests in dealing with regulatory authorities and industry bodies to promote favorable regulatory frameworks for payment, utility, asset and security tokens.
Legal services for DAO cover a wide range of areas, including:
- Legal structure and training: advice on the appropriate legal structure for the DAO, taking into account jurisdictional regulations and tax implications; assistance in drafting and creating governance documents for the DAO, including smart contracts and tokenomics.
- Regulatory Compliance: Conducting regulatory assessments to ensure that the DAO’s activities comply with relevant laws and regulations in different jurisdictions; advising on anti-money laundering (AML) compliance and Know Your Customer (KYC) compliance in DAO operations.
Smart contract audits: Work with blockchain developers and security experts to examine and audit smart contracts for security vulnerabilities and potential legal risks. - Offerte di token e distribuzione: consulenza sul quadro legale per le vendite di token, le Offerte Iniziali di Monete (ICO), le Offerte Iniziali in Exchange (IEO) e altri metodi di raccolta fondi all’interno delle DAO; assistenza nella conformità durante la distribuzione dei token e il trading nel mercato secondario.
- Quadri di governance: progettazione di meccanismi e quadri di governance per garantire una presa di decisioni efficace all’interno della comunità della DAO nel rispetto degli standard legali.
Protezione della proprietà intellettuale: consulenza sulla protezione della proprietà intellettuale, dei marchi e dei brevetti relativi ai protocolli, al software e ai prodotti della DAO. - Risoluzione delle controversie: fornire supporto legale per i meccanismi di risoluzione delle controversie all’interno della DAO, tra cui procedure di arbitrato e mediazione.
- Considerazioni cross-border: consulenza sulle considerazioni legali quando si operano DAO e progetti DeFi in diverse giurisdizioni, compresa la riconoscibilità legale e le transazioni transfrontaliere.
- Integrazione DeFi: offrire orientamento legale sull’integrazione dei protocolli e dei servizi di finanza decentralizzata (DeFi) nell’ecosistema della DAO.
- Gestione del rischio: identificare i potenziali rischi legali associati ai protocolli DeFi, alle applicazioni decentralizzate e ai contratti intelligenti e sviluppare strategie per mitigare tali rischi.
I servizi legali per DAO sono importanti per qualsiasi organizzazione decentralizzata che desideri operare in modo conforme, sicuro e sostenibile.
- Regulatory Compliance: We provide advice on securities laws, financial regulations and related compliance frameworks to ensure legal compliance throughout the token offering process.
- Offering structure and documentation: We assist in drafting the necessary offering documents, such as white papers, token purchase agreements, terms and conditions and other information materials, to ensure compliance with applicable laws and regulations.
- Due diligence and investor protection: We conduct in-depth due diligence on ICO, IEO and STO projects to assess their legal and regulatory compliance, governance structures, security measures and investor protection mechanisms.
- Token classification and legal opinions: We offer legal opinions on the classification of tokens, including their qualification as securities or other financial instruments under relevant regulations. We evaluate the legal implications, regulatory requirements and tax treatment associated with different token classifications to provide clients with clarity and guidance.
- Design of innovative solutions for the signing of digital contracts using technologies such as blockchain and smart contracts.
- Customer identification on digital platforms, using digital identity verification methods and technologies, we ensure compliance with “Know Your Customer” (KYC) regulations and reduce the risk of identity fraud.
- AML compliance across digital platforms, ensuring compliance with regulatory requirements.
Legal considerations for digital platforms, including contract formation, enforceability, data protection, intellectual property rights and liability issues. - Creation of fintech platforms, providing guidance on the appropriate type of legal entity and drafting the necessary incorporation documents.
- Preparing, submitting and managing permit requests or regulatory notifications: We support clients in preparing, submitting and managing permit requests and other regulatory notifications and procedures, streamlining the licensing process and ensuring compliance with regulatory obligations.
- OAM Compliance: Our services help clients understand and comply with OAM standards and guidelines, ensuring compliance with industry-specific self-regulatory obligations.