16.10.2018

Cryptocurrency is the latest phenomenon in the financial sector, which is constantly evolving the way business is done on a daily and global scale. The numerous opportunities presented by cryptocurrency have been greeted by a somewhat reluctant market due to two main issues. Primarily, potential users have yet to fully understand the process used for transactions, while newcomers are faced with ever-changing risks. All this is topped with the general lack of education and knowledge on cryptocurrency. The traditional players in the market, are still sceptical on how to purchase and sell cryptocurrency.

 

Initial Coin Offerings (ICOs) remain unregulated for the time being. This is a key factor why one needs a strong legal team, in order to act as a backbone to a project and provides assistance in this journey from the initial stages.

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The continuous and rapid developments in the field of ICOs have disrupted the legal service and has left many established law firms behind and not in a position to protect the interests of their clients in this dynamic industry. Education is a fundamental element in cryptocurrency and at Fairwinds Management our lawyers have observed closely the changes in the global market and developed specialized knowledge based on the recent development and their experience, which has in turn put them in a position to advise and assist clients across the board.

Our legal team understands that your ICO will have legal ramifications arising not only from the ICO documentation itself such as the crucial White Paper, but also from the direction of marketing strategies. It is of utmost importance that clients who decide to move forward with their ICO are fully aware of the legal ramifications that can arise as a result of not what is actually on the table, but from the minor details which are left out. Further to this, we believe that the link between the people behind the ICO and the coin/token punchers should be based on legal certainty and clarity. An ICO will also have legal ramifications with regards to the way the token is designed. The ICO token may fall within the frame of a financial instrument, which in turn must be in line the financial regulations in place. This proves the importance of having a well-equipped and competent legal team behind your project.

The process of starting an ICO will be initiated through an introductory call, which is intended for the customer to express his ideas and in which direction he wants to take the ICO. Once this crucial stage is over we will then draft a legal plan and execute accordingly.

Once this crucial stage is over we will then draft a legal plan and execute accordingly. Below are the services that we offer:

ICO Legal Services

  • Legal support during the Whitelist Period, Pre-ICO & ICO Period.
  • SAFT Agreement
  • Token Purchase Agreement
  • Preparation and drafting of the ICO Private Placement Offering Document.
  • Preparation and drafting of the pre-Crowd Token Offer (Pre ICO) and Crowd Token Offer Agreement (ICO).
  • Legal Report for the Token (Security or Utility) after the Reviewal of the Whitepaper (Opinion Letter from our Law Firm – Requirement for the Bank & the Exchanges).
  • Legal Disclaimer for the Whitepaper.
  • Privacy Policy.
  • Terms of Use.
  • Security Policy.
  • Legal Review of the Whitepaper.
  • Legal Review of the Website.
  • Legal Review of all Social Media Platforms.
  • Legal Assessment for the ICO’s compliance with the current regulatory framework.
  • Legal Assessment of the application of the Token and ICO within the current regulatory framework for investment services.
  • Extensive legal review of the Token and ICO’s compliance with other applicable legislation (Data Protection Regulations, Consumer Protection Regulations etc.)
  • KYC (Know Your Customer) Legal Advice and solutions for your ICO.

ICO Corporate & Accounting Services

  • Token Company Incorporation and maintenance.
  • Marketing Company Incorporation and maintenance.
  • E-money Company Formation & Licensing.
  • Tax and VAT Services.
  • Corporate Legal Services.
  • Administrative and Fiduciary Services.
  • Accounting services through our Associate Accounting Firm.

Other Non-Legal ICO Services

  • Smart contract preparation and drafting.
  • Creation of multi-signature wallet.
  • Issuing of Tokens (ERC20 compatible).
  • Listing on the Exchanges.

If you require any assistance from our legal team, you can get in touch with Adrian Sciberras on info@fairwindsmanagement.net