Digital Assets & Crypto-Assets

Legal and regulatory advice for businesses operating in digital assets, blockchain and crypto-assets

FD Legal advises businesses on the legal and regulatory considerations arising from digital assets, blockchain technology and crypto-asset activities in Malta. The practice assists businesses assessing regulatory requirements, structuring activities and preparing for engagement with the relevant authorities.

MiCA & Crypto-Asset Regulation

The Markets in Crypto-Assets Regulation (MiCA) establishes an EU-wide regulatory framework for certain crypto-asset activities and service providers. FD Legal advises businesses on the application of MiCA and related Maltese regulatory requirements.

  • MiCA regulatory perimeter and classification

  • Crypto-Asset Service Provider (CASP) requirements

  • Regulatory analysis of crypto-asset business models

  • Licensing and authorisation requirements

  • Regulatory documentation and applications

  • Governance and compliance considerations

  • Maltese and EU crypto-asset regulation

Crypto-Asset Service Providers

  • CASP regulatory classification

  • CASP authorisation requirements

  • Regulatory perimeter analysis

  • Application and regulatory documentation

  • Governance and organisational requirements

  • Outsourcing and third-party arrangements

  • Ongoing regulatory obligations

FD Legal assists businesses assessing whether their proposed activities fall within the regulatory framework applicable to Crypto-Asset Service Providers and advises on the legal and regulatory requirements arising from the proposed activities

Crypto-Asset White Papers

FD Legal advises issuers and other businesses on the legal and regulatory requirements applicable to crypto-asset white papers and related documentation.

  • Crypto-asset classification and legal analysis

  • White paper preparation and legal review

  • Regulatory disclosure requirements

  • MFSA notification requirements

  • Token structures and related documentation

  • Legal and regulatory analysis of token offerings

  • Review of supporting contractual documentation

Asset Referenced Tokens & E-Money Tokens

Certain crypto-assets are subject to specific regulatory requirements depending on their structure and characteristics. FD Legal advises businesses on the legal and regulatory considerations applicable to asset-referenced tokens, e-money tokens and related activities.

  • Regulatory classification

  • Asset-referenced token requirements

  • E-money token considerations

  • Issuer obligations

  • White paper requirements

  • Governance and organisational requirements

  • Regulatory interaction and documentation

Tokenisation & Blockchain Structures

FD Legal advises businesses on legal issues arising from tokenisation, blockchain-based structures and the use of distributed ledger technology in commercial and financial applications.

  • Tokenisation structures

  • Blockchain-based business models

  • Legal classification of digital assets

  • Ownership and contractual arrangements

  • Smart contract-related legal considerations

  • Digital asset transfers

  • Commercialisation of blockchain technology

Crypto-Asset Business Models

The regulatory treatment of a digital asset business depends on the activities undertaken, the nature of the assets involved and the services provided. FD Legal assists businesses in analysing proposed structures and identifying relevant legal and regulatory considerations.

  • Regulatory perimeter analysis

  • Business model classification

  • Crypto-asset service analysis

  • Token and digital asset structures

  • Funds and asset-flow analysis

  • Platform and technology arrangements

  • Third-party and outsourcing structures

Technology & Blockchain Agreements

Digital asset businesses frequently rely on technology providers, platforms and other third parties. FD Legal advises on the contractual arrangements supporting blockchain and crypto-asset businesses.

  • Blockchain technology agreements

  • Software development agreements

  • SaaS and platform agreements

  • API agreements

  • Technology licensing

  • Outsourcing arrangements

  • Intellectual property ownership

  • Confidentiality and data protection provisions

Regulatory Compliance & Governance

FD Legal advises digital asset businesses on the governance, compliance and operational requirements arising from applicable Maltese and EU regulatory frameworks.

  • Governance structures

  • Internal policies and procedures

  • Regulatory compliance frameworks

  • Risk management considerations

  • Outsourcing and third-party arrangements

  • Safeguarding considerations

  • Regulatory reporting

  • Regulatory correspondence and submissions

Malta & EU Regulatory Matters

FD Legal advises businesses considering establishing or conducting digital asset activities from Malta on the Maltese legal and regulatory framework and its interaction with applicable EU requirements.

  • Establishment of digital asset businesses in Malta

  • Maltese regulatory requirements

  • EU regulatory framework considerations

  • Cross-border business models

  • Regulatory passporting considerations

  • Malta-based operations and structures

  • Interaction between Maltese and EU requirements

Discuss a Digital Asset or Crypto-Asset Matter

If you are establishing, expanding or restructuring a digital asset or crypto-asset business in Malta, FD Legal can discuss the nature of the proposed activities and the legal and regulatory issues involved.