Cryptocurrency and Token Regulatory Compliance

Holland & Knight provides specialized regulatory compliance advice for digital asset companies navigating the complex intersection of federal and state securities laws, commodities regulations, and anti-money laundering requirements. The firm has been working with distributed ledger technologies and digital assets for years and was one of the earliest entrants in the Web3 space.

Securities Law Compliance

Comprehensive analysis and structuring of token offerings under Regulation D, Regulation S, and other exemptions. The firm provides detailed guidance on the application of the Howey test and investment contract analysis to digital assets, helping clients determine whether their tokens constitute securities and structuring offerings to comply with applicable regulatory frameworks.

Commodities Regulation

Advising on CFTC regulatory matters, including commodity futures and derivatives regulations as applied to cryptocurrency. The firm's attorneys understand the intersection of commodity law and digital assets, providing counsel on derivative products, trading platforms, and compliance obligations under the Commodity Exchange Act.

Money Transmitter Licensing

Multi-state money transmitter license applications and compliance for virtual currency exchanges and custodians. Holland & Knight has extensive experience obtaining and maintaining financial services licenses for digital asset businesses across multiple state jurisdictions.

KYC/AML Compliance

Anti-money laundering program development, Bank Secrecy Act compliance, and Know Your Customer procedures for virtual asset service providers. The firm assists clients in establishing robust compliance frameworks that meet regulatory expectations while enabling business operations.

Investment Advisers Act and Investment Company Act

Compliance advice for crypto-investment fund managers, including registration requirements and exemptions. The firm advises digital asset managers on navigating the Investment Advisers Act and determining whether investment vehicles trigger Investment Company Act registration.

Why Choose Holland & Knight

The firm's clients include offshore and domestic exchanges, token issuers, DeFi protocols, crypto-investment funds, custodians, and blockchain platforms across multiple protocols including Bitcoin, Ethereum, Stellar, and Hyperledger Fabric. Holland & Knight's team includes former SEC enforcement supervisors who were involved in the earliest enforcement actions involving bitcoin and digital assets, providing unique insight into regulatory thinking and enforcement priorities.