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Cryptocurrencies

Cryptocurrencies are a digital exchange asset that is revolutionising the world of finance. However, the problem posed by this new area is the lack of legal regulation, and it is essential to have expert lawyers to guarantee the legal security of any transaction carried out.
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Lawyers specializing in cryptocurrencies

At Navas & Cusí we are experts in cryptocurrencies, and we have a team of lawyers specialized in advising both companies and individuals and investors on all transactions and legal problems arising from the use of cryptocurrencies.
Over the years, the means of payment have evolved, through exchanges of goods, banknotes, physical coins, digital coins, until the creation of a type of virtual currency, the so-called cryptocurrencies.

Cryptocurrencies are a digital asset exchange, virtual currencies that are based on Blockchain technology.

Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 defines them:

“a digital representation of value not issued or guaranteed by a central bank or a public authority, not necessarily associated with a legally established currency, which does not possess the legal status of currency or money, but is accepted by natural or legal persons as a medium of exchange and which can be transferred, stored and traded by electronic means.”

Unlike the traditional method, such currencies do not need to be backed by a central banking system or government but are governed by decentralized systems, which are highly digitally encrypted and allow payments or other transactions to be carried out securely.

The first cryptocurrency to operate was Bitcoin, which was defined as a peer-to-peer (P2P) payment system. Since then, and its worldwide impact, other alternatives and types of cryptocurrencies have been created, such as: Ripples, Litecoin, or Ethereum.

Nowadays, many companies are trying to create their own cryptocurrency platforms and their own currency, and it is essential for the creation and management to take into account the legal implications that are generated.

Advantages

This new type of virtual currency, which has the characteristics of Blockchain technology, has attracted the attention of companies and individuals due to the advantages it offers.

The main advantages offered by cryptocurrencies are as follows:

  • They are currencies that are not tied to any particular country’s politics or economy. This allows them to be used anywhere in the world without limits.
  • The cryptographic techniques are used to minimize the risk of counterfeiting or duplication. In addition, an incorruptible transaction record is generated.
  • The speed of transactions is faster than traditional bank transfers.
  • Due to its decentralized nature, no third-party intermediaries are needed for transactions.

Legal Advice

Cryptocurrencies, like any other emerging technology, do not have specific regulations governing them, however, this does not mean that current legislation does not apply to them.

In order to carry out transactions with cryptocurrencies, we must take into account numerous legal issues that affect them, including the new tax obligations that are being approved at the national and European level, such as the new law 11/2021 of 9 July, on measures to prevent and combat tax fraud, which introduces new obligations relating to the provision of information regarding the holding and operation of cryptocurrencies.

At Navas Cusí we are experts in cryptocurrencies, so we offer legal advice to carry out all types of operations, taking into account the current regulatory framework and any legislative changes that may affect them.

Legal advice for companies

  • Obligations with the Tax Agency
  • Drawing up a Compliance Plan
  • Advice on the taxation of cryptocurrencies.
  • Advice on ICO financing
  • Legal implications in the buying and selling and mining of cryptocurrencies
  • Advice on trading services, wallets, exchanges, custody, etc.
  • Legal defense in civil and criminal proceedings

Legal advice for Individuals

  • Advice on the taxation of cryptocurrencies.
  • Obligations with the tax authorities
  • Legal implications in the sale and purchase of cryptocurrencies
  • Advice on the operation of wallets and exchanges
  • Contracts related to cryptocurrencies
  • Wills or inheritance of cryptocurrencies
  • Penalties with the tax authorities
  • Theft and scams
  • Money laundering
  • Legal defense in civil and criminal proceedings