Regulatory / FinTech / DLT
MLL Legal’s Regulatory, FinTech and DLT team has profound knowledge in the legal and technical aspects of distributed ledger technology, blockchain technology (public, private, permissioned or permissionless), layer-two scaling solutions (lightning protocol), side-chains (drivechain, liquid network, POA network). We provide actionable advise to help our clients to pursue the untapped possibilities of distributed ledger and blockchain technology, from innovative financing structures to new business models using FinTech and applications with the aspiration to reshape existing industries or economic behaviour.
- We advise on the tokenisation of financial instruments as well as virtual and physical goods and are also well versed regarding the formation of smart contract-based ecosystems such as decentralised, autonomous organisations (DAO) or full economies (DAE).
- Our specialists come from all areas of law and bring together a mix of expertise that covers the old- as well as the new economy. Our team has an in-depth understanding of the functioning and features of new technologies and actively contributes to the respective tech-communities.
- We see ourselves as enablers and guide projects through the legal and regulatory landscape with the aim to bring out the best of the used technology.
Initial Token Offering (ICO)
Tokens issued as part of an initial token offering can have various functionalities. We help clients to determine the appropriate token type with the most beneficial use for the planned project and tailor an approach to issue the payment token, utility token or a stable coin in a compliant and efficient manner.
Security Token Offering (STO)
We have been involved in many projects launching a security token offering. We advise clients in structuring the tokenisation of equity, debt (bonds), derivates, participation rights, convertibles (SAFE) or other novel financial products, draft the required documentation and guide clients through the token issuance process by drawing on our deep understanding of technology and of the enforcement priorities of key regulators such as FINMA.
FinTech
We support clients in establishing and operating fintech businesses, including navigation through the relevant licensing regimes to obtain a FinTech license (banking license light), a banking license, a securities dealer license or to become a member of a self-regulatory organisation as a financial intermediary.
“The team has a great understanding of tech and crypto and the relevant legal knowledge. This is crucial for advice in this area. Most likely they are the most crypto-experienced team in Switzerland”
Publications
Cryptos: où en est-on?: L’encadrement des cryptomonnaies dans le contexte actuel
Bilan, Opinions, 6 février 2023- FR
Cryptoassets & Blockchain 2023 – Switzerland
Lexology GTDT, Getting The Deal Through, Law Business Research, December 2022- EN
Crypto Sponsorship and Licensing
Presentation at the LESI YMC Conference in Milan, Italy, 30 September 2022- EN
Crypto & private banking: Comment investir dans la crypto aujourd’hui?
Bilan, Opinions, 7 séptembre 2022- FR
Firm News
Reto Luthiger | Speaker | Conference: Future of Web3 Infrastructure | 27.3.2023
MLL Legal presents its new Management Committee
Ülkü Cibik is one of the 30 most important people in the Swiss market for Structured Products
Kilian Schärli and Ronald Kogens speakers at the Blockchain Hub Davos 2023 on 17 January 2023
Partner & Counsel Promotions 2023: Congratulations to Reto Luthiger, Catherine Kavadze and Kevin Hubacher
News Portal
NFTs and Trademarks – What You Need to Know
«NFT» seem to be the word of the hour. Everyone wants NFTs, many are creating NFTs, some are buying and trading NFTs, few are getting rich off NFTs and even fewer know what an NFT really is. Currently, «The Merge»-NFT is the most expensive NFT ever traded – it was purchased for more than 91 million USD. However, NFTs are a much talked about topic not only because of their sometimes-astronomical purchase prices, but also because several legal disputes have already arisen in connection with NFTs – including over intellectual property rights. We tell you what you need to know, what you need to keep in mind and which questions are currently still unanswered with regard specially to trademark law.
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LexCast: Putting Trust Back Into the Digital World
The increase in cyber incidents, as well as record-high fines for tech companies for failing to comply with data protection rules, have significantly undermined the trust that previously existed between users and providers of digital tools. The increase in cyber incidents, as well as record-high fines for tech companies for failing to comply with data protection rules, have significantly undermined the trust that previously existed between users and providers of digital tools.
MoreLexCast: Moving From the Analogue to the Digital World
In this LexCast, we will be talking about Legal Tech and its impact on Swiss firms and in particular Swiss law firms. Legal Tech is currently rising all over the world and increasingly enters the traditional legal market. With its Focus Area «AI and Digitalisation» Froriep has already delved into the field of digitalisation and now takes a closer look at Legal Tech during this LexCast.
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The Importance of Governance in Building Ecosystems
Wirecard has proven once again that stellar growth and stunning revenues do not always mean that a company is well-founded. Although the board of directors has responsibilities towards the shareholders and the latter have certain information rights, organisational failure and mismanagement often remain unnoticed until it’s too late. Additional corporate governance laying down the fundamentals on management and organisation is therefore vital for long-term success, to ensure that the checks and balances among the stakeholders involved (shareholders, founders, and employees) are appropriate.
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At the Verge of Regulation: Trading Signals and Copy Trading (Trading Bots)
The hype around initial coin offerings and new DLT-protocol launches has calmed down. The technology has proven its ability to revolutionise the financial market industry, but also other industries, by serving as an infrastructure where physical and digital assets or financial instruments can be tokenised in rivalrous cryptographic tokens and exchanged in a secure, cost-efficient and reliable manner. The next stage for DLT-technology to enter into full productivity is to have built the surrounding infrastructure, tools and service providers. Trading signals and copy trading are among such additional tools.
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