Our services include:
I. AML/CFT (KYC, CDD) and FATCA for reporting entities. Providing multijurisdictional advice and counsel to AML/CFT regulated entities from both developed and developing markets such as issuers of means of payment (online payment getaway providers, issuers of prepaid credit cards and surrogate token issuers), private investment funds, discretionary investment funds, issuers of equity and debt securities, equity crowd funding platforms, financial advisers, peer-to-peer lending providers investment and administration of managing firms, administration and investment managers of portfolio investors, providers of broking and custodial services, providers of money remittance services and providers of currency exchange services on issues related to compliance with national and international anti-money laundering and tax avoidance laws and regulations covering:
- AML/CFT (KYC, CDD), FATCA, FMCA;
- Design and delivery of: AML/CFT Programs and AML/CFT risk Assessments.
- Liaising with regulators and reporting entities including document disclosure and reporting;
- Design, development and implementation of internal documentation, onboarding, ongoing due diligence, detecting suspicions activities;
- Conducting external reviews of AML/CFT Risk Assessments;
- Providing compliance and transactional advice and training to senior management and employees and design and delivery of staff training programs in accordance with the relevant AML/CFT requirements;
- Design and Delivery of Ongoing due diligence policies and procedures including: internal risk processes in the area of conflicts of interest, anti-money laundering and other compliance requirements arising from the relevant jurisdictional laws and regulations; and know your customer (KYC) and customer due diligence (CDD) procedures, including enhanced due diligence policies;
- Providing compliance and transactional advice on: conducting enhanced due diligence on complex, large and unusual transactions as they relate to such areas of commercial activities as cross-border investment, trading transactions, sale and purchase of property, investment immigration, cryptocurrency transactions; and assessment of client’s Sources of wealth (SOW) and Sources of funds (SOF) for particular transactions where enhanced due diligence is required, including: where clients use investment vehicles and tax optimization structures such as exempted trusts, foundations and limited partnerships, international business companies (offshore tax havens); or where the funds originate from medium or high risk jurisdictions.
- Preparation of documentary disclosures and external reports regarding commercial activities for controlling entities of various common law and continental law jurisdictions.
II AML/CFT for non-reporting entities & individuals. Providing transactional and compliance advice to wholesale investors, market traders, crypto-currency traders, individuals and businesses whose funds originate from medium and high risk jurisdictions (including business migrants, investment migrants, commercial and residential property purchasers), exporters and importers, parties involved in cross border M&A and non-financial service providers (conducting business through offshore business entities) on compliance issues related to:
- Cross border transactions involving offshore business structures, tax optimization structures, cryptocurrency transactions;
- Preparing documentation and passing the relevant AML/CFT requirements for opening nonresident bank accounts for businesses and individuals;
- Liaising with reporting entities including banks, investment managers, financial advisers, crowdfunding platforms, brokers and cryptocurrency platforms regarding establishing business relationships with them, passing their relevant AML/CFT rules and policies;
- Assisting in answering AML/ KYC related requests from reporting entities, including banks, lawyers, investment managers, insurers and other reporting entities under their ongoing due diligence procedures;
- Documentation related to the sources of wealth (SOW) and sources of funds (SOF);
- Compliance with legislation limiting foreign purchases of land, such as the OIA Act in New Zealand and other similar Acts in jurisdictions with common and continental legal models;
AML/CFT rules and procedures relating to cross-border cryptocurrency trade.
- International trade laws, export/import regulations, trade sanctions laws, and practical issues related to various types of documents and documentary credits used in the international trade and finance; and
- Laws and regulations limiting the monetary transfers out of East Asia and Eastern European jurisdictions.
III. Offshore Licensing. Providing practical transactional advice on:
- Advising a wide range of Russian, Australian, European, North American, Chinese, South Korean and offshore registerd corporate and private and corporate clients on practical legal issues related to registering online casinos, offshore-based insurance companies, obtaining offshore forex licenses, obtaining international banking licenses;
- Preparing and submitting applications related to registering as a regulated financial services in foreign jurisdictions including an RFMC and RMC registration applications in Singapore, banking license application in Vanuatu, money transmitting license application in Nevada USA, Non-Bank Deposit Taker application in multiple jurisdictions, applications related to registering as an Issuer of means of payment including credit and debit cards, and becoming an Acquirer processing means of payment on behalf of merchants;
- Preparing and submitting applications for opening non-resident bank accounts, corporate cryptocurrency accounts, registering overseas legal entities;
- Liaising with Issuers and Acquires including such as Visa, Master Card, local and foreign banks and financial institutions regarding becoming an online payment getaway service provider;
- Advising on compliance issues related to cross-border electronic payment services, systems and applications such as Wechat, Kraken, Advance Cash, Payeer, Swipe, Ok Pay and others.
IV. Crossborder & Cryptocurrency Transactions. Providing practical transactional and regulatory advice on:
- Offshore business planning, offshore registration, international investment and offshore asset protection strategies for investment management firms, insurance companies, brokers, forex traders, cryptocurrency traders, financial advisers, private equity funds, online casinos and other forms of business.
- Asset protection strategies for individuals and family trusts, offshore banking, International and national tax avoidance laws, multijurisdictional tax reporting and compliance, inter-corporate financing arrangements, cryptocurrency transactions, international trade laws, export/import regulations, trade sanctions laws, and practical issues related to various types of documents and documentary credits used in the international trade and finance.
- Tax optimization strategies for investment firms, non-bank debt providers, importers and exporters, investment funds, non-government pensions funds, corporate and private investors and corporations;
- Liaising with reporting entities including banks, investment managers, financial advisers, crowdfunding platforms, brokers and cryptocurrency platforms regarding establishing business relationships with them, passing their relevant AML/CFT rules and policies.
- Answering AML/KYC related requests from reporting entities, including banks, lawyers, investment managers, insurers and other reporting entities under their ongoing due diligence procedures;
- Cross-border investment, import/export and cryptocurrency transactions involving offshore business structures, SPV’s, trusts and other investment mechanisms.
- Development and implementation of: tax optimization strategies relating to optimization of VAT/ GST, corporate tax and personal tax; asset protection strategies for individuals and family trusts; and tax optimization strategies for investment companies, non-bank debt providers, importers and exporters, investment funds, non-government pensions funds, corporate and private investors and corporations;
- Export controls and sanctions law to exporters and importers from Eastern Europe, East and South East Asia; and
- Drafting, negotiating and reviewing various complex bilingual commercial agreements related to international sales of goods and services, mezzanine debt transactions and cross-border investment.
We posses multijurisdictional experience in advising a wide range of clients including small/medium businesses, investment companies, offshore legal entities and trusts, non-bank debt providers, investment funds, developers, discretionary investment funds (DIMS), corporate and private investors.
Our expertise is gained from working in a fast-paced, modern, commercially orientated legal and business environment. We are able to apply commercial mind with a business orientated approach to legal, compliance, licensing and tax support.