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