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Technology and Web3

Cryptocurrency, blockchain and other innovative technologies are revolutionising not just financial services but the way we live, interact and do business generally. The internet is continuing to evolve through the idea of Web3, bringing the concepts of blockchain, cryptocurrency and non-fungible tokens (NFTs) to us and revolutionising traditional concepts of ownership, and with this comes increasingly complex regulation that must be navigated.

Our global onchain specialists have considerable experience navigating this complex space, helping clients match the pace of development by offering practical solutions and providing to-the-point advice on blockchain-related transactions and projects. We also provide expert disputes advice in relation to digital assets where our best-in-class disputes and litigation practices leverage our unparalleled experience in this area to advise clients in some of the highest profile disputes and recoveries.

At Ogier, we have experts across our jurisdictions covering the onchain ecosystem advising on fintech and decentralised autonomous organisations (DAOs), decentralised finance (DeFi) and the Web3 landscape generally. We have established ourselves as the market leader in the Cayman Islands and British Virgin Islands (BVI) for creating and implementing a variety of innovative and regulatory compliant structures and have experts across our jurisdictions, including Hong Kong, Jersey, Guernsey, Ireland, BVI, Cayman and Luxembourg, which are fully engaged with their local regulators to help steer the future regulatory landscape.

Our global, multijurisdictional approach brings together our sector-leading legal, corporate, and regulatory practices. Our range of Technology and Web3 services differ across our jurisdictions and target markets, but collectively our dedicated Ogier team will offer clients exceptional market insight, whatever your diverse needs, servicing:

regulatory and compliance
structuring and formation
financing
intellectual property and commercial matters
local legal services
trusts and estate planning (for founders / principals)
restructuring and corporate recovery
dispute resolution

Technology and Web3 services

Decentralised autonomous organisations and decentralised finance

We use flexible and innovative structures to help launch and support new DAOs,including advising on the formation of Cayman Islands’ foundation companies and advising existing operational DAOs and other governance models.

We can assist with DeFi projects related to decentralised exchanges and other decentralised protocols and financial platforms.

Digital assets and VASP regulations

Our global team offers cross-border advice on evolving regulation for virtual assets service providers (VASPs) and can assist VASPs, including trading platforms and exchanges, in obtaining registration or licensing to conduct virtual asset services and token issuances in relevant jurisdictions. We also offer AML advice, VASP licencing and regulatory advice.

Dispute Resolution

We provide advice and assistance at every stage of a dispute, including providing crisis management assistance and strategic communications advice from the outset. We have significant experience in all contentious matters, including representing clients affected by liquidation events such as the collapse of Three Arrows and FTX.

Our experts are able to provide advice from the very beginning of a dispute, through to providing representation during any court or arbitration process.

Drafting

We can draft or review the documents needed for your project including SAFTs, SAFEs, token purchase agreements, warrants and options grants, fund documents, incentive schemes, service agreements and other terms and conditions.

Fundraising 

We assist with a variety of fundraising activities, including private and seed-round fundraising for token launches, raising capital via simple agreements for future tokens/equities, as well as subsequent token launches and series financing.

We draft or review the documents needed for your project including SAFTs, SAFEs, token purchase agreements, warrants and options grants, fund documents, incentive schemes, service agreements and other terms and conditions. 

Intellectual property protection

We advise on all aspects of intellectual property concepts for Web3, including trade marks, copyright, industrial designs and patents, as well as specialising in multi-jurisdictional IP clearance, prosecution, exploitation and enforcement.

Investment structures and virtual asset funds 

We advise crypto fund managers, from crypto natives to traditional fund managers, with all aspects of a fund launch, from structuring to regulatory matters.

We work with experienced fund administrators, auditors, AML compliance firms, brokers, custodians, professional director and other service providers to help you steer through the fund launch process.  

We advise on the most suitable vehicle for your project and, if necessary, can provide cross-jurisdictional advice for the most appropriate structure.

Whether launching funds to invest directly or indirectly in digital assets, we offer expertise tailored to clients' specialised needs.

Physical presence

We can help set up or relocate your Web3 business (including blockchain developers, as well as VASP service providers) and provide a physical presence in the Cayman Islands, including as a special economic zone company or as a sponsored enterprise with TechCayman.

Regulatory

We carry out an in-depth analysis of your project and provide a full written memorandum of advice. We work with regulators to get your project or your business entity (including exchanges and custodians) licensed or registered if appropriate and necessary.

Structuring

We advise on the most suitable vehicle for your project and, if necessary, can provide cross-jurisdictional advice for the most appropriate structure. We work with experienced formation agents, AML compliance firms, fund administrators, auditors, secretaries, directors and other service providers to achieve your objectives.

Tax

We can advise to optimise your cryptocurrency and digital asset holding strategies within Luxembourg's regulatory framework. We can also assist with tax structuring services for ultra-high-net-worth individuals, families and their family offices from all over the globe.

Tokenisation and blockchain

We can assist with the tokenisation of real estate as well as all stages of token offerings, including issuance, private sales, airdrops and grants of tokens and NFTs.

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