Virtual Currencies
Mr. Ziaukas advises clients across the digital currencies landscape, including portfolio managers, exchange platforms, issuers, and individual investors. He provides counsel on how these activities are regulated under securities, commodities, and tax laws, such as the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act, the Commodity Exchange Act, and the Internal Revenue Code. In this rapidly evolving market, it is crucial for participants to understand the impact of U.S. laws and regulations on their operations.
Key Services in Virtual Currencies
- Structuring virtual currency and initial coin offerings (ICOs) to ensure compliance with relevant securities, commodity, and tax laws.
- Evaluating the compliance of portfolio managers under the Investment Advisers Act.
- Advising virtual currency platforms on whether they must register as securities exchanges and how to do so.
- Guiding platforms dealing in digital currency swaps, binary options, and digital currency options through the requirements for registration as swap execution facilities (SEFs), designated contract markets (DCMs), and derivative clearing organizations (DCOs).
- Assisting with CFTC Forms SEF, DCM, and DCO registration requirements under Section 5b of the Commodity Exchange Act.
- Supporting clients with SEC Form 1 and national securities exchange registration requirements under Section 5 of the Exchange Act.
- Helping individual investors assess the legal and financial risks associated with participating in virtual currency transactions.
