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Introduction
Our specialists on artificial intelligence, blockchain technology and web3 spanning multiple offshore jurisdictions offer clients exceptional market insights and cover the fintech ecosystem advising on decentralized autonomous organizations (DAOs), decentralized finance (DeFi) and the Web3 landscape generally. We have established ourselves as the market leader in the Cayman Islands and British Virgin Islands (BVI) for creating and implementing a variety of innovative and regulatory compliant structures and have experts across our jurisdictions, including Hong Kong, BVI and Cayman which are fully engaged with their local regulators to help steer the future regulatory landscape.
We advise distributed ledger technology trading platforms, developers, issuers and investment managers on structuring, licensing, and other regulatory requirements in relation to the development, financing, intellectual property protection, issuance, offering, trading and investment management of digital assets using Cayman and BVI corporate structures.
Scope of Services
- Regulatory and compliance
- Structuring, investment structuring, formation and virtual assets funds
- Intellectual property protection
- Offshore technology funds and other funding vehicles including ICO, ITOs, tokenized and cryptocurrency funds
- Restructuring and corporate recovery
- Dispute resolution & Litigation
- Decentralized autonomous organizations (DAOs) and De-Fi
- FinTech investments and funding
- VASP regulations and digital assets
- Economic Substance
- Tokenization, blockchain, electronic payments and e-transactions and smart contracts
- Regulatory memorandum of advice
- Physical presence business set up or relocation of web3/ offshore digital technology business
- FinTech development and artificial intelligence and data commercial contracts
- Data privacy and cybersecurity
News and Insights
First-step analysis: cryptoasset trading in Cayman Islands
Explore essential regulations and guidelines for cryptoasset trading in the Cayman Islands, including licensing, AML/KYC requirements, and compliance for exchanges, custodians, and broker-dealers under the VASP and SIBA Acts.
Key factors for launching a virtual assets business in the BVI
Learn the key factors for launching a virtual assets business in the BVI, including registration under the VASP Act, advantages of the jurisdiction, and the types of services regulated as virtual assets services, from exchanges to custody services.
BVI treatment of DAOs in insolvency
By way of an update on our recent publication (which can be found here) that the Financial Action Task Force (FATF) had determined that the Cayman Islands has substantively fulfilled its action plan, and following completion of a recent on-site visit by the FATF, the Cayman Islands has…
Loeb Smith Attorneys Advises Alpha Technology Group Limited and Lion Group Holding Ltd in their Share Capital Restructuring
Hong Kong (January 9, 2025) Loeb Smith Attorneys, one of the leading offshore corporate law firms with a strong growing presence in the APAC region, has recently advised Alpha Technology Group Limited (Nasdaq: ATGL), a British Virgin Islands company, and Lion Group Holding Ltd (Nasdaq: LGHL), a Cayman…
Loeb Smith has been ranked amongst Top 30 Asia’s Fastest Growing Law Firms in 2024 by Asia Legal Business
Hong Kong (December 2, 2024) – We are very pleased to announce that our Firm has been recognised in The ALB Fast 30 list for a second year in a row.
Loeb Smith Attorneys’ Hong Kong team continues its fast growth and is ranked on ALB HONG KONG FIRMS TO WATCH 2024 list
Loeb Smith Attorneys’ Hong Kong team is ranked on the ALB Hong Kong Firms to Watch 2024 list, reflecting its rapid growth and expertise in offshore corporate law, particularly in fintech, investment funds, and virtual asset services.
Finalist Selections Reveal for ALB Hong Kong Law Awards 2024
Loeb Smith Attorneys has been shortlisted as a finalist for the ALB Hong Kong Law Awards 2024, showcasing the firm’s exceptional growth and expertise in offshore legal services across Hong Kong and the APAC region.
Crypto Regulation
Regulation of crypto exchanges and other crypto services in the Cayman Islands The Virtual Asset (Service Providers) Act, 2020 (VASP Act) as amended, provides a legislative framework for the conduct of virtual assets busi¬ness in the Cayman Islands, and the registration and licensing of persons providing virtual asset…
Loeb Smith has been recognised amongst Top 30 Asia’s Fastest Growing Law Firms in 2023 by Asia Legal Business
facebook sharing buttontwitter sharing buttonlinkedin sharing buttonwhatsapp sharing buttonwechat sharing buttonsharethis sharing button We are pleased to announce our firm’s recognition on The ALB Fast 30 list which reinforces the firm’s growth strategy in Asia by providing high quality technical legal advice and commercial solutions, outstanding client services,…
Key factors for launching virtual assets business in BVI
The British Virgin Islands (BVI) continues to attract virtual assets businesses seeking to capitalise on its status as a leading offshore financial centre. Unlike other jurisdictions that have either prohibited certain types of digital assets or imposed material restrictions on them, the BVI has become renowned as the…
Legal Alert: Persons carrying on Business as Virtual Assets Service Providers Act in the BVI.
Learn about the Virtual Assets Service Providers (VASP) Act in the British Virgin Islands, including registration requirements, services regulated under the act, and transitional timelines for businesses operating in virtual assets.
Tips and traps for BVI, Cayman Islands cryptocurrency trading vehicles
The British Virgin Islands (BVI) and the Cayman Islands remain among the most popular jurisdictions for incorporating cryptocurrency trading vehicles. For example, the bankrupt cryptocurrency exchange FTX Trading identified that 22% of its customer base is located in the Cayman Islands, with 11% in the BVI. This is…
BVI expands scope of its Anti-Money Laundering Regime to Virtual Asset Service Providers.
Learn how the Cayman Islands offers robust protection for FinTech intellectual property, including trademarks, copyrights, patents, and trade secrets, with modern laws designed to support innovation and safeguard valuable digital assets.
Service of process by NFT ‘airdrop’ – the future of ‘digital asset litigation’?
In this article we will consider the implications of the recently handed down judgment of the High Court of Justice in England and Wales in the case of D’Aloia and Person Unknown and Others.[1] Whilst cases decided in the United Kingdom do not have direct effect in the…
Regulation of crypto exchanges and other crypto services in the Cayman Islands
The Virtual Asset (Service Providers) Act, 2020 (VASP Act) as amended, provides a legislative framework for the conduct of virtual assets busi¬ness in the Cayman Islands, and the registration and licensing of persons providing virtual asset services. Since the introduction of the VASP Act, the Cayman Islands Monetary…
Game Changer! – Licensing Requirements for Virtual Assets in the Cayman Islands – Part 2
On 25 May 2020 the Cayman Islands government passed The Virtual Asset (Service Providers) Law, 2020 (“VASP Law”), which provides a legislative framework for the conduct of virtual assets business in the Cayman Islands and for the registration and licensing of persons providing virtual asset services. The VASP…
Game Changer! Introduction of the Regulation of Virtual Assets in the Cayman Islands – Part 1
The VASP Law defines a “virtual asset” as “a digital representation of value that can be digitally traded or transferred and can be used for payment or investment purposes but does not include a digital representation of fiat currencies”.
Virtual Asset Service Provider Law (VASP) Regime to Commence in Phases
On 25 May 2020 the Cayman Islands government passed The Virtual Asset (Service Providers) Law, 2020 (“VASP Law”), which provides a legislative framework for the conduct of virtual assets business in and from the Cayman Islands through requiring either (i) the registration or (ii) the licensing, of persons…
Digital Assets: Certain Cayman Islands law issues to consider
Explore key legal considerations for digital assets in the Cayman Islands, including tax advantages, regulatory frameworks, and applicable laws for ICOs, STOs, and cryptocurrency exchanges under existing legislation and proposed frameworks.
Digital Assets. Five Questions to Ask Your Cayman Counsel
In our guidance note Top Ten Best Practices for an ICO Founders’ Team: A View from the Cayman Islands, ICO founder teams and promoters looking at the Cayman Islands for incorporation of their company or companies were warned that, while the Cayman Islands had flexible pragmatic rules encouraging…
