If you run a blockchain company, you need to be compliant. Current and pending regulations can affect your business. Regulation surrounding blockchain may be inconsistent. However, regulators still take certain actions against companies that don't comply.
Get blockchain corporate compliance attorneys to advise you today.
What Compliance Challenges Do Blockchain Companies Face?
Challenge 1: Ensuring Business Operations Compliance
Blockchain companies (companies utilizing blockchain technology directly or indirectly in their operations) have challenges determining if their operations are at par with existing federal laws.
Challenge 2: Fostering Financial Innovation
Blockchain companies also have innovation challenges. The technology is relatively new, and the regulatory environment is evolving, making it a challenge to innovate fully without fear of regulatory risks.
Challenge 3: Federal Investigations
Like other new technologies, blockchain companies also attract federal authorities investigating the use of the technology. In many cases, the investigations have led to stiff penalties, including criminal prosecution. Many blockchain companies have faced alleged violations under current federal statutes.
To avoid these challenges and more, take a proactive approach to compliance. Contact Blockchain Lawyer for a detailed corporate compliance review.
At Blockchain Lawyer, we have corporate compliance attorneys dedicated to handling various compliance needs, including blockchain compliance. Tell us about your blockchain corporate compliance and related compliance needs and get the assurances you need.
Blockchain Corporate Compliance
Background: The Compliance Problems
Blockchain technology has many benefits, including allowing quicker transaction processing. The technology is also secure and has many applications, including smart contract execution. However, while the technology offers numerous advantages to companies, including newer ways of doing business, it comes with compliance issues.
Compliance in regard to cutting-edge technology isn't a straightforward issue. It also attracts scrutiny from federal agencies since it poses serious risks to the public, most of whom don't understand the technology fully. Therefore, blockchain companies are under increased federal scrutiny and will continue facing scrutiny. The importance of ensuring complete compliance can't be overemphasized.
Corporate Compliance Areas Blockchain Companies Should Focus On
Corporate compliance touches many areas. Blockchain companies should focus on the following:
Digital Assets Compliance
Blockchain companies that deal with digital assets like cryptocurrencies enjoy more fundraising opportunities, faster payments, etc. However, they also face risks from digital assets. For instance, digital assets face unique compliance issues. They also present new business risks. As a result, any company dealing with digital assets must ensure they meet unique regulations relating to digital assets.
The SEC treats digital assets as securities. This exposes blockchain companies dealing with digital assets to securities compliance issues. For instance, the SEC may require registration unless there is an exemption.
Blockchain companies should also worry about AML/KYC policies and procedures primarily if the company handles customer funds. Blockchain transactions offer anonymity which can be good and bad. From an anti-money laundering and Know-Your-Customer perspective, anonymity creates serious compliance issues, especially for blockchain companies that qualify as financial institutions.
What's more, regulators may want other policies (i.e., due diligence policies) in place and such policies tested for effectiveness.
Tax (IRS) Compliance
The IRS treats cryptocurrencies and digital assets as property subject to taxes applicable to regular property. To be tax compliant, blockchain companies dealing with cryptocurrencies must keep accurate crypto transactions records and record their income. What's more, the IRS collects capital gains tax on crypto that has increased in value. Underreporting cryptocurrency income attracts IRS audits and enforcement actions.
Data Privacy & IP Compliance
Blockchain technology attracts IP issues like trademark, copyright, and patent issues since records on a blockchain are publicly visible or sharable among network users. These issues must be assessed in a company's corporate compliance policy to avoid data protection issues.
Smart Contract Issues
A smart contract is unique in many ways. For instance, it is self-executing with automatic execution when the trigger event occurs/fails to occur. Blockchain companies that use smart contracts expose themselves to many legal issues, such as the action they should take in a breach or in contract interpretation issues. Corporate executives of Blockchain companies dealing with smart contracts must understand how the law interprets these issues depending on the state.
We have an experienced corporate compliance team that advises blockchain clients on the above and more. We also have experts in our team capable of drafting and implementing foolproof corporate compliance policies on digital assets and the blockchain industry.
Blockchain Lawyer attorneys and consultants have a mission to solve corporate compliance problems conclusively. We understand the challenges of working on new digital assets or blockchain projects and trying to be compliant at the same time.
As mentioned above, blockchain regulation is inconsistent. There's no standard regulation, and laws keep changing. What's more, federal agencies have intensified investigations and rely heavily on already existing laws. However, most of these laws don't work well in the blockchain space creating countless corporate compliance problems for blockchain companies.
Our team of corporate compliance experts understands this well and has intricate knowledge of blockchain technologies and what federal agencies are looking for in regard to compliance. That's precisely why we've assembled a multi-disciplinary team to help our clients deal with an ever changing and seemingly hostile regulatory environment.
We have attorneys working with consultants in the corporate formation, compliance audit, securities & commodities regulation, and federal investigation areas under one team with a mission to offer the best, most comprehensive corporate compliance advice on
We bring together attorneys and consultants with experience in securities and commodities regulation, corporate formation, compliance audits, and federal investigations all in one team to give you the most comprehensive advice on blockchain, cryptocurrencies, and related technology.
What Blockchain Corporate Compliance Assistance Can We Offer You?
We can offer:
- Advice and/or defense on AML, securities, commodities, and other corporate compliance matters
- Advice on establishing corporate business models customized for blockchain companies
- Representing partners (limited and general) on their blockchain company and digital asset investments
- Advisory on corporate compliance strategies and objectives
- Crafting corporate compliance policies
- Risk management for blockchain corporate clients & executives
- Advisory on cryptocurrency tax compliance and tax compliance on other digital assets
- Blockchain company corporate governance, structure, and management
- Assistance with licensing matters
- Advisory, registration, compliance, and related matters for companies launching ICOs
- Negotiating with third parties and federal agencies on corporate compliance matters
- Advisory on AML/KYC policies
- Compliance with securities laws & anti-money laundering laws
- Assistance on raising capital, commercial credit/finance, acquisitions, and investor relations
- Employment matters
- Tax planning
- Intellectual property protection
Contact us for queries on any of the above subjects and more.
Blockchain companies are incredibly popular today as companies look to gain competitive advantage through emerging technology. However, the technology opens corporate compliance issues that must be addressed since federal agencies have increased scrutiny on blockchain companies. That's where corporate compliance teams like us come in.
At Blockchain Lawyer, we use our business, federal law, and compliance experience to offer our clients the necessary compliance assurances on blockchain technology use and related matters. Our goal is to offer corporate compliance policies that safeguard your business from federal agency scrutiny and enforcement actions.
As stated above, we offer comprehensive corporate compliance and other critical assistance to players in the blockchain industry. We offer internal procedural and policy assistance as well as aggressive litigators should your blockchain company face legal disputes.
If you use blockchain technology in any way, don't wait for corporate compliance problems. Talk to our dedicated corporate compliance team now.