Crypto-Asset Creation, Issuance and Investment

We advise individuals and entities creating or issuing tokens, commonly referred to as initial coin offerings (ICO’s) or token generation events (ITO’s). We advise clients on the implications associated with their token related to currency regulation, commodities and securities law, and the taxation implications. We assess the risk of the token and business model and work with the client to develop risk mitigation strategies. Toshev & Boteva engages with government agencies and state regulators on behalf of clients to understand the evolving regulatory landscape and ensure compliance with applicable domestic and international laws.

Toshev & Boteva also advises high-net-worth individuals and entities purchasing and selling cryptocurrency. We conduct due diligence on counterparties such as cryptocurrency exchanges, dealers, and brokers. We guide clients through on-boarding with these entities and assist clients in navigating key decision points when investing in cryptocurrency.

We advise clients on the different business models for establishing funds. We also serve as regulatory counsel for funds and engage with relevant regulators as applicable. We assess risk and risk mitigation based on the business model. Toshev & Boteva provides analysis on the tax implications of investing in different types of cryptocurrency, what constitutes a taxable event, how to determine basis, and the reporting requirements.


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