Crypto Payments Lawyer
The payments industry is full of complex moving parts and thorny legal issues. Payments companies leveraging cryptocurrency solutions or payment rails need the guidance of a skilled crypto payments lawyer. Our work combines financial regulatory law, commercial contracts, and technology law to support businesses operating in or integrating with the crypto economy in the following areas:
Regulatory Compliance
- We advise clients on compliance matters related to:
- U.S. federal laws (e.g., Bank Secrecy Act, Anti-Money Laundering (AML), FinCEN guidance).
- State money transmission laws (e.g., whether licensure is needed).
- International regulations (e.g., the EU’s MiCA, FATF recommendations).
- Determining whether a crypto payment business is a money transmitter, payment processor, broker-dealer, or custodian under applicable laws.
Contract Drafting and Negotiation
- We draft and review:
- Merchant service agreements for accepting crypto.
- Referral or revenue-sharing agreements for payment platforms.
- API licensing agreements with payment gateway providers.
- Terms of service and privacy policies.
- Custodial or escrow agreements.
- Token purchase or usage agreements.
Structuring Transactions
- We design legal structures for:
- On-chain/off-chain payment flows.
- Tokenized payment systems (e.g., stablecoins).
- Cross-border remittances using crypto.
- We address complex tax rules, including capital gains issues, VAT applicability and income source rules.
Risk Management and Internal Policies
- We develop robust policies that are required by the Bank Secrecy Act and other legal regimes. Our services include:
- Developing AML/KYC policies tailored to crypto payments.
- Implementing smart contract audit frameworks or error protocols.
- Advising on cybersecurity policies and liability exposure.
Token and Platform Structuring
- Our crypto payment legal services include:
- Evaluating whether tokens used for payments qualify as securities, commodities, or non-regulated assets. We regularly write opinion letters accepted by the world’s biggest payments companies on these issues.
- Working with developers on stablecoin architecture and compliance.
- Helping to design DAO or DeFi protocols that involve payments.