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Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.

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We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone. 

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Technology and Web3

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Cryptocurrency, blockchain and other innovative technologies are revolutionising not just financial services but the way we live, interact and do business generally. The internet is continuing to evolve through the idea of Web3, bringing the concepts of blockchain, cryptocurrency and non-fungible tokens (NFTs) to us and revolutionising traditional concepts of ownership, and with this comes increasingly complex regulation that must be navigated. 

Our global specialists have considerable experience navigating this complex space, helping clients match the pace of development by offering practical solutions. We also provide truly expert disputes advice in relation to digital assets where our best-in-class disputes and litigation practices leverage our unparalleled experience in this area to advise clients in some of the highest profile disputes and recoveries. 

At Ogier, we have experts across our jurisdictions covering the fintech ecosystem advising on decentralised autonomous organisations (DAOs), decentralised 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, Jersey, Guernsey, Ireland, BVI, Cayman and Luxembourg, which are fully engaged with their local regulators to help steer the future regulatory landscape. 

Our global, multijurisdictional approach brings together our sector-leading legal, corporate, and regulatory practices. Our range of Technology and Web3 services differ across our jurisdictions and target markets, but collectively our dedicated Ogier team will offer clients exceptional market insight, whatever your diverse needs, servicing: 

  • regulatory and compliance 

  • structuring and formation 

  • financing 

  • intellectual property and commercial matters 

  • local legal services 

  • trusts and estate planning (for founders/principals) 

  • restructuring and corporate recovery 

  • dispute resolution 

Decentralised autonomous organisations and decentralised finance

We use flexible and innovative structures to help launch and support new DAOs,including advising on the formation of Cayman Islands’ foundation companies and advising existing operational DAOs and other governance models.

We can assist with DeFi projects related to decentralised exchanges and other decentralised protocols and financial platforms.

Digital assets and VASP regulations

Our global team offers cross-border advice on evolving regulation for virtual assets service providers (VASPs) and can assist VASPs, including trading platforms and exchanges, in obtaining registration or licensing to conduct virtual asset services and token issuances in relevant jurisdictions. We also offer AML advice, VASP licencing and regulatory advice.

Dispute Resolution

We provide advice and assistance at every stage of a dispute, including providing crisis management assistance and strategic communications advice from the outset. We have significant experience in all contentious matters, including representing clients affected by liquidation events such as the collapse of Three Arrows and FTX.

Our experts are able to provide advice from the very beginning of a dispute, through to providing representation during any court or arbitration process.

Drafting

We can draft or review the documents needed for your project including SAFTs, SAFEs, token purchase agreements, warrants and options grants, fund documents, incentive schemes, service agreements and other terms and conditions. 

Fundraising 

We assist with a variety of fundraising activities, including private and seed-round fundraising for token launches, raising capital via simple agreements for future tokens/equities, as well as subsequent token launches and series financing. 

We draft or review the documents needed for your project including SAFTs, SAFEs, token purchase agreements, warrants and options grants, fund documents, incentive schemes, service agreements and other terms and conditions.  

Intellectual property protection

We advise on all aspects of intellectual property concepts for Web3, including trade marks, copyright, industrial designs and patents, as well as specialising in multi-jurisdictional IP clearance, prosecution, exploitation and enforcement. 

Investment structures and virtual asset funds 

We advise crypto fund managers, from crypto natives to traditional fund managers, with all aspects of a fund launch, from structuring to regulatory matters. 

We work with experienced fund administrators, auditors, AML compliance firms, brokers, custodians, professional director and other service providers to help you steer through the fund launch process.   

We advise on the most suitable vehicle for your project and, if necessary, can provide cross-jurisdictional advice for the most appropriate structure. 

Whether launching funds to invest directly or indirectly in digital assets, we offer expertise tailored to clients' specialised needs. 

Physical presence

We can help set up or relocate your Web3 business (including blockchain developers, as well as VASP service providers) and provide a physical presence in the Cayman Islands, including as a special economic zone company or as a sponsored enterprise with TechCayman. 

Regulatory

We carry out an in-depth analysis of your project and provide a full written memorandum of advice. We work with regulators to get your project or your business entity (including exchanges and custodians) licensed or registered if appropriate and necessary. 

Structuring

We advise on the most suitable vehicle for your project and, if necessary, can provide cross-jurisdictional advice for the most appropriate structure. We work with experienced formation agents, AML compliance firms, fund administrators, auditors, secretaries, directors and other service providers to achieve your objectives. 

Tokenisation and blockchain

We can assist with the tokenisation of real estate as well as all stages of token offerings, including issuance, private sales, airdrops and grants of tokens and NFTs. 

Technology and Web3 guide - a jurisdictional breakdown

Ogier provides practical advice on a unique combination of six laws: BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg. All these jurisdictions are tech-friendly, and the below breakdown can help you discover which is best placed to help you depending on what you are looking to achieve.

Technology and Innovation

  Cayman BVI Jersey Guernsey Ireland Luxembourg 
Regulation of P2P structures, fintech and other decentralised financial platforms generally No Yes  Yes Yes  Yes Yes
"Regulatory sandbox" and other temporary "light touch" alternatives for start-ups and other early-stage initiatives Yes Yes No Yes Yes No
Recognition of electronic signatures and electronic transactions Yes Yes Yes Yes Yes Yes

Virtual assets and virtual asset service providers (VASPs) 

  Cayman BVI Jersey Guernsey Ireland Luxembourg
ICOs and other crypto sales or offerings  Yes Yes Yes ? Yes Yes
Regulation of virtual asset services Yes Yes Yes Yes Yes Yes
Virtual asset exchanges and custodians Yes Yes Yes ?

Yes

Yes
Application of AML / CTF / AP Rules Yes Yes Yes Yes Yes Yes

Decentralised communities

  Cayman BVI Jersey Guernsey Ireland Luxembourg
DeFi platforms Yes Yes Yes Yes Yes Yes
Gaming and gambling platforms No Yes - if licence obtained, but licensing body not yet established Yes Alderney  Yes No
Decentralised autonomous organisations (DAOs) Yes Yes Yes Yes Yes Yes

Tokenisation 

  Cayman BVI Jersey Guernsey Ireland Luxembourg
Tokenised securities Yes Yes Yes ? Yes Yes
Tokenised investment funds Yes Yes Yes ? Yes Yes
Tokenisation of real-world and Meta assets Yes Yes Yes ? Yes Yes

Intellectual property

  Cayman BVI Jersey Guernsey Ireland Luxembourg
IP recognition and protection? Yes Yes Yes Yes Yes Yes
Local registration of trade marks, patents and other IP? Yes Yes Yes Yes Yes Yes

Data Privacy

  Cayman BVI Jersey Guernsey Ireland Luxembourg
Data protection  Yes Yes Yes Yes Yes Yes
Application to VASPs and decentralised platforms Yes Yes Yes Yes Yes Yes

Economic substance

  Cayman BVI Jersey Guernsey Ireland Luxembourg
Economic substance law Yes Yes Yes Yes Yes Yes
Substance requirements and reporting Yes Yes Yes Yes Yes Yes
Availability of substance solutions Yes Yes Yes Yes Yes Yes

Tax

  Cayman BVI Jersey Guernsey Ireland Luxembourg
Application of local tax rules Yes Yes Yes Yes Yes Yes
Treaty relief No No No No Yes Yes
Reporting Yes Yes Yes Yes Yes Yes

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Technology and Web3

"Extremely sophisticated in terms of its understanding of Cayman law, particularly as it pertains to cryptocurrencies and digital assets."

Chambers FinTech Guide 2023

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