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Crypto and Blockchain Law

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In a constantly evolving digital world, it is crucial to stay legally up to date. The dynamic developments in crypto and blockchain law create numerous opportunities for the financial market and enable new business models, payment and financing solutions. However, they also raise complex and challenging issues.

Our firm offers comprehensive advice on crypto law, blockchain technology, NFTs and the EU Markets in Crypto-assets Regulation (MiCAR). Our experts advise on innovative business models and implementing the appropriate legal framework for your project. We began addressing regulatory issues related to crypto-services early on and have already successfully supported applications for registration of service providers in relation to virtual currencies with the FMA. Our clients include well-known crypto-service providers, whom we continuously support in implementing customised solutions.

Our focus

  • Consultancy and review of business models for compliance with regulatory requirements (AMLD and AMLR, AIFMD, EMD, PSD2, MiFiD II, MiCAR))

  • Representation in the admission procedures for the intended provision of crypto-asset services

  • Representation in the authorisation or notification procedure for the issuance of Asset Referenced Tokens (ART), E-Money Tokens (EMT) or their admission to trading on a trading platform

  • Drafting of white papers

  • Consultancy on ongoing supervision and compliance with reporting, notification and publication requirements, complaint management and

  • Advising on the implementation of due diligence requirements for the prevention of money laundering and terrorist financing

  • Advice on initial coin offerings (ICOs) and security token offerings (STOs)

  • Advice on claiming the reverse solicitation exemption

  • Representation in proceedings for suspicion of unauthorised business operations

  • Analysing consumer protection issues in the digital context, creating and revising general terms and conditions

Meet the team

Mag. Sanijel Ficulovic

Mag. Sanijel Ficulovic

T +43 1 877 04 54
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Dr. Bernd Fletzberger

Dr. Bernd Fletzberger

T +43 1 877 04 54
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Christopher Falke

Christopher Falke, LL.M.

T +43 1 877 04 54
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All our lawyers

Bernd Fletzberger gives meaningful and insightful advice. It is a pleasure to work with him.

Chambers FinTech Guide 2024

Bernd Fletzberger hat fundiertes Fachwissen und eine strategische Herangehensweise.

Juve Ranking 2024 (Bank- und Finanzrecht / Kapitalmarktrecht)

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    Relevant publications

    Legal commentary regarding Art 73 to 85 MiCAR

    Art 73 to 85 in Raschauer/Ficulovic/Knobl/Kreisl/Pfurtscheller/Pracht/Silbernagl/Stern/Wessely/Wolfbauer, Kommentar zu MiCAR – Märkte in Kryptowerte (2024)

    Copyright aspects of NFTs

    Copyright aspects of NFTs (together with Arthur Stadler), in Piska/Völkel (Hrsg), Blockchain rules (2024)

    Handbook Payment Traffic 4.0

    Freedom to provide services and freedom of establishment for payment institutions, in Tuder (Hrsg), Handbuch Zahlungsverkehr 4.0 / FinTechs – Krypto-Assets – Sandbox & Co. (2024)