Insights
How Can Claims in Bitcoin or Other Cryptocurrencies Be Enforced?
The law stipulates particular requirements for the enforcement of money claims. Whether a claim must be made in Swiss francs or in a foreign currency must be checked for each individual case and process. The same applies to claims in Bitcoin or other cryptocurrencies.
NFTs and Trademarks - How to Deal with Legal Uncertainties
NFTs have frequently been in the spotlight due to copyright infringements. However, alongside copyright issues, creators of NFTs also need to be clear about trademark law implications.
Wallet Provider Insolvency - This Is What Happens to Crypto Assets Held in Custody
Not your key, not your coin - this principle also applies in Swiss insolvency law. However, under certain conditions, crypto-based assets held by a third party can be separated from the insolvency estate of a wallet provider for the benefit of customers. Whether assets will be returned successfully depends upon the exact form of custody.
DAOs - a Legal Perspective
In contrast to traditional companies, Decentralized Autonomous Organizations (DAOs) have neither a management board nor a registered office. Therefore, under Swiss law they have no separate legal personality. This gives rise to a number of legal uncertainties.
An Essential Guide to the Legal Framework for Digital Shares
The latest changes to securities and corporate law enable Swiss companies to digitize many company law procedures. Digital shares and smart contracts allow share transfers and shareholder agreements to be largely programmed and executed automatically.
Swiss Federal Court Rules on Selling of Seized Crypto Assets
If seized assets in criminal proceedings are liquidated before a court has rendered a final decision, the prosecuting authorities must ensure that they are liquidated in a way that has as few negative ramifications as possible on the proceeds they can generate. If the criminal justice authorities do not have the requisite knowledge for this, they must appoint an external expert.
Blockchain, Tokenization and Raising Capital: What to Bear in Mind when Issuing Utility Tokens
The regulatory provisions that need to be taken into account when issuing and managing tokens depend on how those tokens are classified in law. Even tokens that appear to be typical Utility Tokens can, on closer inspection, serve economic purposes that go beyond mere utility.
Founding a Company Using Crypto and Foreign Currencies
Founding a Swiss company using crypto capital is already possible today. The legal requirements are though stricter compared with making a cash contribution in Swiss francs, and potential exchange rate fluctuations must be taken into account. The revised corporate law will make capital contributions more flexible and also open the door to foreign currencies.
Smart Contracts and Formal Legal Requirements
Fulfilling a contract is not always a smooth process, and this is no less true of "smart” contracts. For a contract to be legally valid and also enforceable in the analog world, certain formal requirements need to be met. And this should be also considered when using smart contract solutions.
NFTs and Property Rights
Non-fungible tokens are finding applications in gaming, art, finance, and many other areas. But fundamental legal questions arise with each new use case for NFTs.
How Switzerland’s New Law on Distributed Ledger Technology May Reshape Securitization
Switzerland’s adoption of new blockchain legislation on ledger-based securities will have ramifications across a number of federal laws.
This Swiss Canton Just Made it Legal to Pay Taxes in Bitcoin and Ether
Swiss Canton of Zug allows individuals and corporations to pay taxes in Bitcoin or Ether as of February 2021. The government appointed Bitcoin Suisse AG as the payment processor.