You’re building on-chain in the United States. Whether what you issue counts as a financial product decides most of what follows.
Information, not advice
This page is information, not legal advice about your matter. A retainer begins only when a lawyer confirms it.
Start here
Work out what your asset legally is, first
Which regulator claims you, and what you may say publicly, both follow from that answer. Settling it late is what forces a rebuild.
What to work through, in order
Characterising the asset
Whether the asset is a security, a commodity, or neither, and which of the SEC, CFTC or state regulators claims the relationship. Overlapping claims of jurisdiction are common rather than exceptional.
Custody and who holds the keys
Custody engages state money transmitter regimes, potential SEC custody rules where securities are involved, and FinCEN obligations. Qualified custodian status is a distinct question again.
Tax treatment
The IRS treats digital assets as property, with reporting obligations expanding under broker reporting rules. Character and timing of income depend on how the asset was acquired.
Next steps
What happens if you go ahead
Scoping call
Written scope and fixed-fee quote
Engagement, once a lawyer confirms
Who would handle it
Offices
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San Francisco
28 Geary Street, Suite 625 #133, San Francisco CA 94108