Blockchain (DLT), Crypto-assets
The Internet, a crucial part of any business, is in the process of evolving. Web 3.0, which is almost upon us, will be based not only on the exchange of information and the creation of content, but also on an exchange of value, underpinned by Blockchain and Distributed Ledger Technologies (DLT). Blockchain networks, as open transaction systems, are opening the way to building new business models using digital assets such as cryptocurrencies or non-fungible tokens (NFT).
The evolution of technology and establishment of new business models will be followed by widespread legal and regulatory changes. Kochański & Partners lawyers have been actively involved in this process since 2017, delivering legal analyses for both start-ups and long-established businesses.
We base our approach on a multidisciplinary team of specialists, and advise at every stage of the business journey through the Web 3.0 world. From verifying the business model, ensuring compliance and helping clients obtain protection of their rights, through mergers and acquisitions and securing your critical business assets during the transition.
I need to verify the legal and tax implications of my plans.
We support clients in making strategic business model decisions through legal and tax analyses in areas such as:
- legal aspects affecting the business model
- legal status of digital assets
- tax implications
- comparative analysis and selection of an optimal jurisdiction
- regulatory obligations (anti-money laundering (AML), regulated financial services activities)
I want to get started, I need a proper legal structure.
We support clients in building a proper legal structure by advising and conducting the process in any jurisdiction and provide accounting services. In particular, we assist with:
- establishment of companies/partnerships, foundations
- investor governance (articles of association/partnership agreements, investment agreements)
- transfer of assets to foreign jurisdictions (“flip”)
- notifications to competent authorities
COMPLIANCE (GDPR/CYBER SECURITY/AML)
To ensure regulatory compliance, I need to put the right processes and documentation in place.
We help you achieve compliance with the relevant legal requirements. We implement the right procedures by:
- performing audits and making practical recommendations
- assisting with designing processes
- providing proper documentation (e.g. security, privacy and AML policies)
- holding trainings
- making notifications to relevant registers and authorities
BUSINESS GOING LIVE
My business is ready to start selling to customers – I need terms & conditions and relevant privacy notices.
We create terms & conditions for the use of websites, services and products, and provide tailored and regulatory-compliant messaging content. We advise on designing a proper customer journey, taking into account legal requirements and user experience (UX). We take a comprehensive approach to drafting agreements, striking the right balance between ensuring compliance with the relevant regulations, mitigating regulatory-related legal risks and allowing clients the freedom to conduct and run their business.
- regulations, model agreements with partners
- SaaS terms of service
- website design consultancy
- cookie messages, privacy notices, investor governance (articles of association/partnership agreements, investment agreements)
FINANCIAL SERVICES (FINTECH)
I am a FinTech, I want to start providing services and verify whether a license is required.
We verify any license(s) necessary to provide regulated services (payment services, banking, insurance, trading in financial instruments). We assist with drafting license documentation and provide other support throughout the licensing process. We provide crypto-asset issuance and trading business advisory.
- drafting internal documentation
- handling the licensing process
- contacting the relevant authorities
TECHNOLOGICAL DEVELOPMENTS – IT CONTRACTS
I have an upcoming strategic IT project, I need appropriate agreements to safeguard my interests.
We comprehensively support our clients in cooperation with IT solution providers (vendor management). We advise at the stage of formulating requests for proposals (RFP) and selecting an optimal procurement model. We prepare contractual documentation, conduct negotiations and provide day-to-day support at the stage of project execution by IT service providers. We build contracts in a traditional model (Waterfall), a hybrid model or a model adapted to projects carried out using agile methodologies (Agile).
- agreements for implementation, maintenance and development of IT systems
- agreements for cloud computing services (SaaS, PaaS, IaaS)
- day-to-day support throughout the project execution process
- IT dispute resolution
PROTECTION OF INTELLECTUAL PROPERTY (IP)
I have unique solutions and products which need to be protected.
We help protect intellectual and industrial property by registering patents, trademarks and industrial designs. We prepare appropriate agreements and handle disputes. We support the process of creating optimal, tax-efficient structures increasing the value of intellectual property rights.
- management and protection of patents, trademarks, industrial designs, support throughout the licensing process
- advice on agreements and resolution of disputes related to copyright
- financial optimization with the use of IP
- protection and consultancy in the field of domains.
I want to further develop and need financing.
We support our clients at every stage of the financing process, in any model. We advise on financing in VC, banking and crowdfunding models, on capital markets and as part of crypto-asset issuance (ITO, ICO).
Our advisory services include, among others:
- developing an optimal legal transaction structure, taking into account tax aspects;
- preparing a due diligence report necessary to obtain financing, drawing up and negotiating full credit documentation, including based on the LMA standard;
- providing support with respect to structures using special purpose vehicles, parallel debt structures or institutions such as a collateral administrator or a project monitor;
- issuing legal opinions relating to transactions, including capacity and LVB opinions;
- providing legal services for crowdfunding campaigns (white papers).