


Cryptocurrency, Payments & Fintech
PAYMENT & FINTECH
Financial technology, or “FinTech”, has changed the way the world considers finances. McMillan’s payments and money services lawyers have the experience, technical expertise and industry knowledge to help clients gain competitive advantage among emerging opportunities while navigating the risks FinTech brings. We have deep regulatory and transactional experience in all parts of Canada’s financial services industry, in regulatory oversight and in public policy.
In a rapidly evolving industry, our lawyers have gained significant FinTech experience advising institutional lenders, tech companies and regulators on a wide array of FinTech matters including cryptocurrencies (such as bitcoin), the payments ecosystem and peer to peer payment systems, mobile payments and deposits, virtual wallets, online lending, trading and investments and financial planning “Robo-advisors”. We also negotiate on behalf of clients the complex intersection of cybersecurity, data privacy, banking and securities regulatory compliance, consumer protection and other regulatory and transactional requirements.
BLOCKCHAIN, CRYPTOCURRENCY AND DIGITAL ASSETS
McMillan has a comprehensive understanding of blockchain, cryptocurrency, digital assets and other decentralized technologies. We use an integrative, pragmatic, and proactive approach when providing counsel in connection with an ever-changing regulatory landscape.
Our cross-disciplinary team brings together specialists across many fields, including litigation, securities regulation, capital markets, investment funds and asset management, mergers and acquisitions, derivatives, technology, privacy and cybersecurity, intellectual property, consumer protection, anti-money laundering, financial services, tax, and bankruptcy and insolvency.
McMillan provides Canada’s most sophisticated entrepreneurs, financial institutions, venture investors, asset managers, platforms, exchanges, third-party software service providers, and financial technology companies with the expertise to help evaluate, implement, invest in, and protect blockchain-based technologies and digital assets. McMillan has advised on a wide variety of matters in this industry, including:
- Civil and regulatory proceedings in the digital assets and blockchain space;
- Cryptocurrency fraud, forensic investigations, asset tracing, enforcement, and seizure of digital assets, including with respect to cross-border matters;
- Advising clients and working with courts, monitors and custodians with respect to the valuation, transfer, custody, maintenance, and disposition of digital assets in all manner of proceedings;
- Initial coin or token offerings (ICOs and ITOs);
- Securities registrations and applications for exemptive relief (including with respect to crypto asset trading platforms (CTPs));
- Regulatory enforcement proceedings with respect to CTPs and digital assets generally;
- Cybersecurity and privacy;
- Securities regulatory compliance;
- Consumer protection and other regulatory and transactional requirements;
- Money services business (MSB) regulatory guidance, registration, and licensing;
- Formation of funds that invest in digital assets and blockchain-related businesses;
- Disputes about, and regulation of, Non-Fungible Tokens (NFTs), digital collectibles, and virtual goods;
- Brand protection;
- Registration of trademarks covering NFTs;
- Drafting patent applications pertaining to blockchain and metaverse-related inventions;
- Decentralized Autonomous Organizations (DAO) projects;
- Web3 blockchain applications, decentralized finance (DeFi), and staking;
- Tax matters;
- Smart contracts; and
- Recovery of distressed assets.
PAYMENTS & MONEY SERVICES
McMillan’s payments, money and financial services lawyers specialize in helping corporate clients navigate this dynamic payments industry. Our practice draws on the firm’s expertise across a wide variety of practice areas to provide our clients with a unique perspective on the Canadian and international payments ecosystem.
McMillan’s payments practice regularly advises merchants, payments processors, card companies (payment network providers), digital payments companies, regulators, industry groups, technology providers, cross-border payments facilitators and payment clearing and settlement providers. Our payments, money and financial services lawyers offer expertise on anti-money laundering and economic sanctions, regulatory compliance, financial services, consumer protection, privacy and data protection, and information technology. We combine industry knowledge with a deep understanding of payment and financial market infrastructures to provide a full range of services to clients in the payments, funds transfer, foreign exchange, virtual currency and Paytech sectors.
Our lawyers have negotiated with regulators and various parties in the Canadian payments system, including the Office of the Superintendent of Financial Institutions and Payments Canada, to clear the regulatory hurdles associated with bringing an innovative payment functionality to the Canadian marketplace.
Primary Contacts
View All ContactsNews
Insights (10 Posts)View More
Insights from the OSC: Compliance Review of Crypto Platforms
OSC conducts compliance sweep of crypto asset trading platforms (CTPs) and provides guidance.
Read More
Jan 2, 2025
×
Canada Overhauls Sanctions and Anti-Money Laundering Compliance and Penalties and Further Targets Russian Assets
On Monday, the Government of Canada released the 2024 Fall Economic Statement, proposing substantial reforms to the national sanctions and AML regimes.
Read More
Dec 18, 2024
×
Alert for Advisers: What Registered Advisers Need to Know About “National Instrument 93-101 – Derivatives: Business Conduct”
NI 93-101 - Derivatives: Business Conduct establishes a comprehensive framework for the conduct of dealers and advisers in the OTC derivatives market.
Read More
Dec 4, 2024
×
Halt to Key Startup Programs in Québec: Assessing the Impact on Québec’s Startup Ecosystem
Québec halts funding to startups programs.
Read More
Nov 27, 2024
×
Towards a Shared Understanding: Canada’s New Sustainable Investment Guidelines & Mandated Climate Disclosures
Canada’s New Sustainable Investment Guidelines (Taxonomy) & Mandated Climate Disclosures
Read More
Nov 4, 2024
×
Deadline for VRCA Compliance Extended Again: The Latest Development in Stablecoin Regulation
On September 26, 2024, the CSA announced a further extension of the compliance deadline applicable to stablecoins and other crypto assets.
Read More
Nov 1, 2024
×
RIP CDOR 1986-2024: A Recap of CDOR’s Final Days
On June 28, 2024, CDOR was published for the last time, marking the end of CDOR. The market has adopted CORRA as the Canadian dollar risk-free rate benchmark.
Read More
Aug 13, 2024
×
Sanctions Enforcement Rising: Border Seizures and Forfeitures, Administrative Penalties and a New Reporting Obligation for Sanctions Evasion Offences
Changes to Canada’s sanctions regime under Bill C-59 will add reporting requirements for importers/exporters, create AMPs, and grant new CBSA seizure powers.
Read More
Jun 13, 2024
×
Goodbye CDOR, Hello CORRA: CDOR’s Final Month and CORRA Loan Trends
CDOR will cease being published after June 28, 2024; CORRA is now used in credit agreements with certain trends developing in its use.
Read More
Jun 11, 2024
×
Understanding the Consumer-Driven Banking Framework: Key Insights from the Budget Implementation Act, 2024, No.1
On April 30, the federal government introduced the Budget Implementation Act, 2024, No. 1, which provides the legislative framework for open banking in Canada.
Read More
May 13, 2024
×
Subscribe for updates
Get updates delivered right to your inbox. You can unsubscribe at any time.