Wolofsky PLLC

Call To Arrange A Consultation: 212-324-2972

Wolofsky PLLC

212-324-2972

Where Legal Expertise Creates Business Advantage

FINANCIAL LAW

Our Financial Law practice is able to address the intersection of finance, regulation, and commercial strategy. We advise clients on compliance with securities regulations, anti-money laundering regulations, and digital asset frameworks that are regulatory compliant and meet the business objectives.

OUR CAPABILITIES:

〉 SECURITIES REGULATIONS

We offer strategic counsel to support funds, issuers, and intermediaries in navigating the intricate requirements of U.S. securities laws.

  • Securities Offerings: We are able to advise on both public and private offerings, determining when registration statements are required and when exemptions apply. For private placements, we aim to ensure compliance with sophisticated investor and accredited investor requirements (or other exemptions), helping clients structure offerings that minimize the regulatory burden while maintaining compliance.
  • Investment Advisers Act Compliance: We assist clients in determining whether they must register as investment advisers under the Investment Advisers Act of 1940 and either guide them through the registration process or assist them in availing themselves of relevant exemptions to registration.
  • Broker-Dealer Considerations: We can assess when entities involved in securities transactions must register as broker-dealers, helping clients understand the regulatory implications of their business models and implement appropriate compliance measures.
  • Investment Company Act: We can analyze whether entities fall within the Investment Company Act of 1940 definition and structure operations to qualify for relevant exemptions.

〉 AML / KYC COMPLIANCE

We have the expertise to assist clients in developing risk-based programs that satisfy anti-money laundering and know-your-customer mandates without impeding day-to-day operations.

  • Bank Secrecy Act Compliance: We can help establish frameworks that address the core requirements of the Bank Secrecy Act, focusing on the two central questions: properly identifying customers (KYC) and understanding the sources of funds in transactions.
  • Money Services Business Determinations: We can navigate the complex landscape of state and federal regulations to determine whether clients qualify as Money Services Businesses (MSBs), helping them understand their licensing and compliance obligations across multiple jurisdictions.
  • Risk Assessment and Mitigation: We can help identify potential money laundering risks specific to business models and implement targeted controls to address those risks, creating compliance programs that are both effective and practical.

〉 CRYPTOCURRENCY AND DIGITAL ASSETS

We recognize that financial regulation is constantly evolving, particularly in emerging areas like cryptocurrency. Our approach focuses on balancing compliance requirements with practical business considerations, providing clients with strategies that satisfy regulators without compromising commercial objectives. We advise on token decentralized finance (DeFi) ventures and NFT marketplaces, helping innovators thrive in a rapidly evolving regulatory environment.
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  • Regulatory Strategy: We can determine whether tokens and/or NFTs qualify as securities, guide clients through money transmitter licensing, and advise on novel digital-asset use cases—all with a forward-thinking approach towards compliance.
  • Exchange & Trading Platform Compliance: We are able to assist exchanges, custodial solutions, and Web3 platforms in navigating licensing obligations, AML/KYC standards, and cybersecurity risks.
  • Product Structuring & Legal Opinions: We assist clients in designing cryptocurrency products and services that avoid regulatory pitfalls. We provide formal legal opinions on compliance matters, securities status determinations, and regulatory requirements, helping clients structure offerings that are sensitive to an evolving regulatory climate while achieving their business objectives.