Cryptoassets

Cryptoassets

Our multidisciplinary team of specialists offers innovative legal solutions involving cryptoassets. We closely monitor market trends, advising on the different stages of launching new products or services to ensure outstanding service to domestic and international clients – whether they already operate in the industry or are interested in developing their business through investing in this sector.

We apply our extensive knowledge of the Brazilian legal and regulatory environment to assist clients in developing and implementing business strategies with cryptoassets

Our main services

We advise regulated and unregulated institutions on structuring and negotiating contracts, drafting and reviewing policies and manuals.  Our team consults on various aspects of banking and exchange rates applicable to cross-border investments in cryptoassets or exchanges. We also advise on all phases of initial coin offerings (ICOs), and draft and review documents related to corporate transactions on this matter.

We draft and review codes of conduct, integrity policies and risk reports, ensure the adequacy of compliance programs and advise on internal investigations.

We review policies and adapt to AML/CFT rules using specific procedures and controls for cryptoassets and crypto-exchanges. We also advise on the potential criminal implications of using cryptoassets and how to prevent related crimes.

We provide legal advice and represent clients before the Financial Activities Control Board (Coaf). We also assist with litigation between private entities, legal demands in Brazil’s higher courts, and cases addressing the constitutionality of infra-constitutional legislation for regulating cryptoassets.

We develop preventive measures for processing personal data, conduct training programs, and also draft and review internal processes, corporate policies, educational material and documents pertaining to hiring third-party service providers. We also assist in adapting to legal and regulatory requirements concerning data protection, drafting privacy policies and terms of use, and interacting with regulatory and supervisory authorities.

We advise on intellectual property asset transactions through cryptoassets – especially Non-Fungible Tokens (NFTs) – advising on the risks involved. We also assist with structuring smart contracts.

We offer strategic consultation on transactions that apply directly or indirectly to cryptoassets – including service providers – in compliance with Brazil’s legal, regulatory, and tax requirements for cryptoasset investments.

We advise issuers or purchasers of cryptoassests on reducing the risk of undue tax collection, given the absence of specific regulations and potentially broad interpretations by tax authorities. We also work with tax assessments involving cryptoassets to ensure the correct tax framework is applied, analyze necessary documents to formalize cryptoasset transactions and provide accessory tax planning involving cryptoassets.

We assist in selecting transfer methods, preparing or reviewing documents that protect ownership of cryptoassets in the event of divorce, as well as instruments that guarantee the transfer of cryptoassets to third parties in the event of the holder’s passing.

Awards and Recognitions

Chambers Global – Banking & Finance (2012 – 2021);
Latin Lawyer 250 – Recommended in Capital Markets (2012 – 2021);
Chambers Brazil – Technology (2015 – 2021);
The Legal 500 – TMT: Cybersecurity and Data privacy (2019 – 2021);
Latin Lawyer 250 – Recommended in Banking & Finance (2012 – 2021);
IFLR 1000 – Capital Markets (2012 – 2021);
IFLR 1000 – ​​Private Equity (2012 – 2021);
IFLR 1000 – ​Banking (2012 – 2021);
IFLR – Americas Awards Best Loan Deal of the Year for the Carlyle Group and AzkoNobel operation (2019);
IFLR – Americas Awards Best Loan of the Year – LATAM Airline’s DIP financing (2021);
The Legal 500 – Banking & Finance (2012 – 2021);
IFLR 1000 – TMT (2013 – 2019);
IFLR – Americas Awards ​Banking & Finance Law Firm of the Year – Brazil (2020 – 2021);
IFLR – Americas Awards Best Equity deal of the Year for the XP Inc. operation (2020);
Latin Lawyer – Banking & Finance Deal of the Year for the LATAM Airlines’ US$2.45 billion debtor-in-possession loan (2020);
Chambers Brazil – Investiment Funds (2020 – 2021)​;
Chambers Brazil – Telecommunications (2015 – 2021);
The Legal 500 – TMT: Tech, Innovation and Digital business (2019 – 2021);
Leaders League – Leading firm: Data Protection (2018) and Technology (2018);
Chambers Brazil – Banking & Finance (2019 – 2021)​.

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