White Paper legal assessment

ICO Legal Advisor provides a legal assessment of the White Paper of the STO/ICO and provides STO and ICO legal advice about the issues and risks related to the project, since investors, regulators (and even courts) rely on the white paper to understand how the new issued token works. ICO Legal Advisor coordinates as well its process with the technical team and advisors who work on the functioning of the coin/token model and the business model.

Token Model Review

ICO Legal Advisor provides a legal assessment and a complete review of the token model adopted by the STO or ICO project, in order to verify the compliance of such model with the law and regulations, and suggests the possible remedies for potential issues.

Regulatory aspects evaluation

The issuance of new coins or tokens requires a regulatory check, in order to ensure the full compliance with all the possible regulations which are in force, including AML. ICO Legal Advisor moreover verifies if the issuing of the new coins or tokens requires or not a prior authorization from any financial authority. ICO Legal Advisor verifies if the new issued coins or tokens shall be considered as:

(i) Payment Tokens

(ii) Utility Tokens

(iii) Asset Tokens

according to the definition provided by the FINMA (the Swiss Financial Market Supervisory Authority), with all the legal consequences with reference to the Anti Money Laundring regulation.

KYC/AML Legal Aspects

ICO Legal Advisor provides a legal review of the KYC (Know Your Customer) / AML (Anti Money Laundering) model adopted for the ICO/STO project, and works closely with the external provider engaged by the project for such activity.

STO/ICO & Commercial Agreements

ICO Legal Advisor helps clients in drafting the Terms & Conditions, as well as the Token Sale Agreement, related to the STO/ICO project, taking into account all the relevant juristictions and the applicable laws for the public or private token sale, by providing ICO legal advice on such matters.

ICO Legal Advisor helps, as well, its Clients with the drafting and the reviewing of all the STO/ICO project related agreements, including any kind of commercial agreement the project may need (i.e. Memorandum of Understanding, Financing agreement, Employment agreement, Advisory agreement, etc.).

Company Structure & Tax Evaluation

ICO Legal Advisor helps the ICO/STO project to evaluate which company structure is the most appropriate for its purposes, and helps its Clients with the incorporation, administration and management of the Company needed in order to run the ICO/STO project. Through its partners network ICO Legal Advisor helps the ICO/STO project with accounting & bookkeeping, tax declarations, insurances, secretarial services, domiciliation services, payments, payroll.

ICO Legal Advisor advises as well on the possiible tax treatment for the kind of company chosen for the ICO/STO project and also for the founders and for any other subject holding the tokens issued with the ICO/STO.

Legal Audits

The launch of an ICO/STO is a FinTech activity which is quite unregulated in most of the jurisdictions. ICO Legal Advisor provides legal audit services focused on the verification of the compliance of the ICO Project internal processes and documentation to the existing best practices in the ICO/STO blockchain field, and to the existing local regulations (where applicable).

ICO Legal Advisor provides its Clients as well with the legal audit of the smart contracts related to the ICO/STO project, by verifying that the smart contract implements and execute the token sale procedure exactly as described in the ICO/STO white paper and website.
The service is provided in different options to cover both the security and the mechanics of token sale in order to get a comprehensive audit report. If there are any vulnerabilities or issues found, ICO Legal Advisor will provide recommendations to eradicate them.

Certification of Source of Funds

Among our ICO legal services, we help HNWI to bank their assets originated from their crypto wealth. ICO Legal Advisor performs an indepth analysis of all the documents, the traces and evidence, to track, back to the source, any amount of crypto funds. Our activity is backed by blockchain forensics experts and investigators. The goal of this activity is to deliver to our customer a certification of source/origin of the funds that can be used to bank the funds.

STO Prospectus

ICO Legal Advisor helps its clients with the drafting or the reviewing of the prospectus of the Security Tokens to be issued, if the issuing of the Prospectus is required by the law (i.e. Swiss Code of Obligations and the Swiss Financial Services Act – FinSA or EU Directives 2003/71/EC and 2010/73/EU and the EU Regulation 2017/1129).