Lawyers for Blockchain Corporate Compliance
Experienced Blockchain Corporate Compliance Team
Are you in need of a corporate compliance review for your blockchain company? Are you worried whether any current or pending legislation will affect your blockchain company? If this applies to you, do not wait to secure the advice you need from a corporate compliance attorney.
Blockchain companies face two challenges: making sure their business operations are compliant with federal law and fostering financial innovation.
That said, novel technologies often attract the attention of federal authorities who have sometimes resorted to federal investigations into blockchain companies for alleged violations under existing federal statutes.
Get prepared first. Do not let your business fall short of compliance and risk a protracted federal investigation. Call or contact us today for a comprehensive corporate compliance review.
At Oberheiden, P.C., we have a dedicated team of corporate compliance attorneys experienced in providing advice to our clients on various compliance needs.
Put Oberheiden, P.C. on your side today to give you the answers and assurances you need.
Key Areas for Blockchain Corporate Compliance
Blockchain technology allows for transactions to be processed quickly and securely and facilitates the application of multiple programs as well as smart contract execution.
But as technology and financial innovation continue to produce novel forms of doing business, companies and executives need to be aware of the importance of maintaining full compliance with the law.
Compliance is tricky when dealing with cutting-edge technologies, especially in cases where federal agencies and the public do not fully understand the technology.
Thus, these blockchain companies are exposed to increased federal scrutiny from their use and reliance on blockchain technologies and applications—underscoring the need to make sure that you achieve full corporate compliance.
Corporate Compliance Topics for Blockchain Companies
Below is a list of the most common corporate compliance-related topics for blockchain companies:
- Digital Asset Issues Generally: Blockchain companies dealing with digital assets such as coins or cryptocurrencies have several advantages such as greater access to capital and more fundraising opportunities. They are also presented with new business risks, registration and filing costs, and additional compliance obligations. Corporate executives operating businesses in the digital asset sphere also need to ensure that they are constantly monitoring the legal and regulatory environment for legislative changes.
- Securities/Commodities Compliance: Digital assets are regulated largely by the SEC or the CFTC, depending on the type of digital asset. Important compliance issues here include whether the digital asset is classified as a “security” under federal law, therefore requiring registration with the SEC or a registration exemption.
- AML/KYC Corporate Policies: Blockchain companies need to consider and receive legal advice on AML/KYC policies, especially since these companies often deal with individual funds. The anonymity of certain blockchain transactions makes compliance difficult. Whether the blockchain company is regulated as a financial institution and whether it has proper customer identification and verification procedures in place are key topics to be addressed. Further, federal agencies will want blockchain companies to implement customer and enhanced due diligence policies that prevent money laundering.
- Tax Issues: Blockchain companies face many new issues regarding tax reporting such as reporting crypto income, accounting for income generated through mining, ordinary versus capital treatment of mined coins, and crypto-related dispositions, as some examples.
- Data and IP Protection: Blockchain technology easily implicates IP issues (e.g., copyrights, trademarks, patents, etc.) because the information recorded and stored on the blockchain is publicly visible, or shared, by all users in the network. Further, digital assets often involve trade secrets or confidential information. These issues need to be addressed in a corporate compliance policy. Blockchain companies also need to carefully consider how their operations will be complaint with data protection laws.
- Smart Contracts and Smart Contract Applications: Smart contracts are self-executing pieces of computer code agreed upon by the parties in advance. These instruments automatically execute the terms of the code when the triggering event occurs (or fails to occur). As businesses continue to use smart contracts, many legal issues arise such as what to do with smart contract interpretation and modification or breach and liability. The automation of smart contracts makes them unlike traditional contracts. Corporate executives therefore need to be aware of these differences and how they are currently treated under the law—which may differ from state to state.
Our Corporate Compliance Team provides advice to our blockchain clients on the above topics and additional areas. We are experienced in designing, drafting, and implementing corporate compliance policies in the digital asset and blockchain industry. We can do the same for you.
Our Mission at Oberheiden, P.C.
At Oberheiden, P.C., our attorneys and consultants are committed to the highest degree of excellence and worth ethic when assisting our clients.
We understand the difficulties of promoting a new project involving digital assets or the blockchain while trying to achieve corporate compliance.
With blockchain technology, there is no consistent or standard regulation; instead, many federal agencies use already-existing statutes and apply them to blockchain companies.
While this sounds easy, many existing laws and regulations do not fit nicely within the blockchain area—creating many corporate compliance issues for blockchain companies.
Our Corporate Compliance Team has an intricate knowledge of blockchain technologies and how federal agencies are currently approaching blockchain companies.
Our multidisciplinary approach allows us to quickly react to new technologies and changes in the regulatory environment pertaining to digital assets and the blockchain.
We bring together attorneys and consultants with experience in securities and commodities regulation, corporate formation, compliance audits, and federal investigations all in one team to give you the most comprehensive advice.
Let us help you by giving your company the corporate compliance advice needed to protect you against a federal investigation and give you the assurance you need to advance your projects into the future.
How We Can Help You with Blockchain Corporate Compliance
Our Corporate Compliance Team is prepared to help you with corporate compliance in the following ways:
- Providing advice and/or defense involving securities, commodities, AML, and other corporate regulatory matters;
- Advising on developing a corporate business model for blockchain companies;
- Representing limited and general partners in connection with their investments in digital assets or with blockchain companies;
- Providing advice on corporate compliance objectives and strategies;
- Drafting comprehensive corporate compliance policies;
- Limiting risk exposure to our corporate clients and executives;
- Assisting with corporate structure, governance, and management of blockchain companies;
- Advising on tax compliance regarding cryptocurrencies and other digital assets for both individuals and corporations;
- Assisting with licensing requirements and applications;
- Preparing for initial coin offerings (“ICOs”) and making sure that an offering involving digital assets is compliant with the law—such as federal registration or finding an exemption;
- Negotiating with federal agencies or other third parties on our client´s behalf; and
- Examining and offering advice on AML/KYC policies for our clients;
- Corporate Structuring and Governance
- Securities Law, Anti-Money Laundering, and Other Regulatory Compliance
- Raising Capital
- Investor Relations
- Tax Planning
- Intellectual Property Protection
- Commercial Credit and Finance
- Employment Matters
The above are only a few examples of the services we provide for our clients. If you have questions about the above or another blockchain-related topic, give our team a call today.
Need Advice with Blockchain Corporate Compliance?
As blockchain companies become more popular, the need for regular corporate compliance is imperative, especially as federal agencies strive to keep up with new technologies.
Our Corporate Compliance Team at Oberheiden, P.C. draws upon its business, compliance, and federal law experience to represent clients in all areas of blockchain technology, especially regarding developing corporate compliance policies.
Compliance policies are critical today because they demonstrate to federal agencies that your company had the full intention of following the law.
We provide comprehensive corporate compliance advice to our clients who are involved in the blockchain industry. We provide advice on internal policies and procedures and are also aggressive litigators for our clients should a dispute arise in the future.
Do not wait to secure the advice you need today. Call or contact our Corporate Compliance Team today for advice on blockchain technology.