BLOCK CHAIN / CRYPTOCURRENCY LAW
Schindlers has positioned itself as one of the first law firms in South Africa to specialize in block chain and cryptocurrency law, enabling us to offer a wide array of services to domestic and multi-national clients in this emerging industry. Members of the department have extensive experience in corporate and commercial litigation, tax and labour law, commercial drafting, compliance and alternative dispute resolution such as mediation and arbitration. The legal advice and assistance which we provide, includes:
- Advice on, and professional assistance with the formation and incorporation of juristic entities, designed to suit the needs of the start-up or project in question. This includes the preparation and registration of all corporate and commercial documentation.
- Ensuring compliance with the laws applicable to Initial Coin Offerings (“ICO’s”), advising on risks and limitation of exposure in relation to same.
- Tax advice on the consequences of trading, investing, mining and the like.
- Advice in relation to the legal implications of arbitrage across platforms or jurisdictions.
- Advice in relation to the legal implications of and compliance with legislation and regulations, including Know your customer (“KYC”), the Financial Intelligence Centre Act (“FICA”), the Financial Advisory and Intermediary Services Act (“FAIS”), the Protection of Personal Information Act (“POPI”), the Prevention and Combatting of Corrupt Activities Act (“PCCA”) and Anti-Money Laundering generally.
- Drafting and advising on the structure of and terms to be included in smart contracts, with specific reference to our client’s intended outcomes and risk limitation.
- Contractual and delictual liability for entities, developers, investors and traders.
- The establishment and protection of intellectual property rights and trademarking of names, images, slogans and the like.
- Assistance with due diligence into investment opportunities, joint ventures and specific projects or entities.
- Advising on possible recourse in the event of loss.
The department consists of the following people:
- Paul-Michael Keichel (head of department)
- David Hepburn
- Chantelle Gladwin-Wood
- Wade O’Connor
- Elani Vogel
- Trevor Coltman (AI and Automation specialist at Schindlers Technology)