Cryptoassets

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.