ATH21

ATH21 is a firm specialised in providing legal advice to technology-based clients, both Spanish and international, in the development and exercise of their products and services, being leaders in legal advice in the field of Blockchain.

The firm is based in Valencia and has a team in Madrid, giving us flexibility to offer better service to our clients, both locally and internationally.

Our global approach allows us to get close to the client and better understand their needs and objectives. Our technical knowledge, derived from years of experience and our own use of technology, helps us provide practical legal advice tailored to the products and services of our clients. Our legal skills, combined with technical expertise, enable us to offer innovative solutions and help our clients build.

In addition to our technological and legal knowledge, we assist our clients in achieving their strategic and business objectives and in managing their legal and regulatory risks. Our global team of lawyers stands out for its multidisciplinary experience, particularly in fintech. Our team collaborates closely with fintech specialists internationally, as well as in obtaining licences and authorizations from the Bank of Spain, CNMV, and ESMA, with extensive knowledge in the field. We are an active member of the European Union Blockchain Observatory, regularly collaborate with the Spanish Regulator, and have been recognized by prestigious legal directories such as Chambers and Partners.

ATH21 practises a different approach than the one followed by other law firms and consultancy companies:

• ATH21 stands out with a unique approach as the protective layer for companies at the convergence of technology and finance.
• Highlighting the team's expertise in applied technology, ATH21 stands as a leading firm for blockchain (DLT) technology based companies. We are a firm that not only provides legal solutions but also offers a dual approach—both proactive and reactive. Our services encompass both preventive and resolution-focused legal support.
• We extend a supportive arm towards consultancy and business development, ensuring a comprehensive approach to meet your needs. At ATH21, we're not just legal advisors; we're strategic partners committed to navigating the dynamic legal landscape of technology and business with our clients.
• We position ourselves as a comprehensive firm that breaks away from the traditional billable hours and partnership pyramid structure. This not only defines our unique approach but also cultivates independence in advising our clients. By steering clear of the need to meet complex and costly objectives, we prioritize providing straightforward and effective solutions.

Our CEO, Cristina Carrascosa, is one of the experts who reported on the content of the new securities market law on crypto-assets, led the team in the first regulated ICO in Spain in 2018, and was the only Spanish woman member of the Blockchain Observatory, a working group created by the European Commission for the development of blockchain and crypto-asset regulation.

The firm´s assessment is based on a deep knowledge of the financial regulation combined with an extensive experience and great understanding of the business models. This determines that ATH21 offers full advice, accompanying the clients in the full implementation of their business, systems, contracts, and procedures while providing ongoing advice.

FinTech & Regulatory

Adaptation to the European regulations applicable to Cryptoassets (MiCA, Transfer of Funds) and application to the corresponding authorities for the mandatory authorizations and licences: Cryptoasset Service Provider or (CASPs), issuer of Asset Reference Token or e-Money Token. Analysis and adaptation of the company to the applicable sectorial regulations, in force or in process. Blockchain and Cryptoassets, De-Fi, Fintech, Payments, Financial Markets, Artificial Intelligence.

Licences and authorizations before the CNMV and the Bank of Spain: Cryptoasset Service Providers Participatory Finance Platforms (PFPs), Payment Service Providers (PSPs), Investment Service Companies (ESI), DLT-based Market Infrastructures of the Pilot Regime (MTF DLT, SS DLT and TSS DLT).

Legal, tax and accounting advice for asset tokenization and issuance processes through Initial Coin Offerings (ICOs) and Security Token Offerings (STOs).

Elaboration of due diligence procedures or compliance audit and preparation of compliance report according to the needs detected. Preparation and drafting of Whitepaper or prospectus for the issuance of tokenized assets.

Cristina Carrascosa - Founder and CEO

• Email: [email protected]

Pablo G. Bartret - Lawyer

• Email: [email protected]

Corporate, Venture Capital and M&A

Our team specialises in providing legal advice to technology businesses, entrepreneurs and startups in all phases of development of their projects.

We assist our clients (whether national or international) in the incorporation of their Spanish company, private contracting and the management of the commercial documentation necessary for their day-to-day business.

Advising the management body and provision of services as secretaries of the board of directors and shareholders general meeting.

We have extensive experience in drafting, reviewing and negotiating investment agreements, shareholders' agreements and syndication agreements.

Conflict resolution between shareholders.

Holding strategy, transaction and transformation.

Extensive experience in drafting, reviewing and negotiating investment agreements, shareholders' agreements and incentive plans (stock options and phantom shares).

We have accumulated experience in more than 300 transactions between financing rounds and company acquisitions and sales (M&A).

Our lawyers are supported by an international team that has been involved in some of the most important projects in Europe and in transactions of both domestic and international relevance.

José María Vidal Carreras - Corporate Area Director

• Email: [email protected]

Luis Ineba Corell - Lawyer

• Email: [email protected]

TAX

The firm provides advice on all tax aspects connected with national and international companies and groups of companies (CIT; VAT; NRIT), corporate reorganisations; due diligence; transfer pricing reports; specific tax advice in cryptoassets and general assistance in tax audit and litigation procedures.

Juan Gavilán - Head of tax

• E-mail: [email protected]

Tech & Privacy

Our team structures IT programmes, guides and supports technology companies in their entry into new markets, advises on cross-border transactions, supports innovation and business transformation (by advising on blockchain technology issues and the application of artificial intelligence-based tools) and assists and guides in the implementation of data protection legislation (GDPR) and cybersecurity legal advice.

Our team is specialised in advising clients and providers in outsourcing agreements and any legal issues arising from a digital environment.

We are also specialised in IP and trademark issues, including guidance on strategy and corporate management of rights, as well as handling conflicts and claims.

Marina Foncuberta

• E-mail: [email protected]

AML and Compliance

Extensive experience in legal advice on anti-money laundering and registrations with the Spanish regulatory authorities, drafting and review of compliance/AML documents, preparation of forms, manuals and risk reports. We also provide annual external anti-money laundering and terrorist financing expert review, both mandatory and voluntary ones.

Javier Gavilán

• E-mail: [email protected]

Our team specialises in advising clients and providers on complex operations related to information technologies and, in general, on all legal matters arising from a digital environment, including legal advice on the application of new technologies.

In this regard, it is interesting to highlight that our firm is led by the Blockchain specialist, Cristina Carrascosa. Cristina has experience in establishing a blockchain-focused capital fund for a VC with a subsidiary in Switzerland, successfully conducted an ICO in the energy sector, and several STOs in Spain. She has provided advice on the design and development of NFTs in the gaming sector, the establishment of crypto asset exchange platforms in Spain, and assists in developing the blockchain business model for various companies in sectors such as entertainment, sports, or maritime transportation. Additionally, she advises Public Administrations, such as the Ministry of Defense, on matters related to cybersecurity and blockchain.