Crypto Lawyers

Crypto asset licensing, FICA compliance, crypto tax and crypto disputes for crypto businesses, investors and Web3 ventures across South Africa.
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Crypto assets now sit firmly inside South Africa’s regulatory net. Licensing, anti-money laundering, tax and exchange control rules all apply, and regulators are enforcing them. At O’Reilly Law, we advise crypto businesses, Web3 founders and investors on building compliant crypto ventures, managing tax exposure and recovering assets when things go wrong.

Why this matters

When crypto compliance goes wrong, the cost is real.

  • Operating without a licence: Crypto assets are a financial product under FAIS. Giving advice or intermediary services in crypto assets without FSCA authorisation is a criminal offence.
  • FICA failures: Crypto asset service providers are accountable institutions under the Financial Intelligence Centre Act, with registration, customer due diligence, reporting and Travel Rule obligations.
  • SARS exposure: SARS treats crypto assets as taxable and is actively gathering data from platforms. Undeclared gains attract tax, interest and penalties.
  • Exchange control: Moving value offshore through crypto assets does not sit outside the exchange control rules, and getting it wrong can lead to serious consequences.
  • Weak token and platform documentation: Poorly drafted terms, token sale documents and smart contract arrangements leave founders and users exposed.
  • Fraud and lost funds: Investment scams, platform failures and theft require fast legal action to trace, freeze and recover assets.

Building a crypto business, or dealing with SARS or a loss?

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Our Crypto Services

Four ways we protect your crypto interests.

  1. Licensing and regulatory compliance
    FSCA licensing as a crypto asset service provider, FIC registration and FICA compliance programmes (including the Travel Rule), and advice on how crypto activities fit within financial services, exchange control and consumer protection law.
  2. Crypto businesses and Web3 ventures
    Structuring and documenting exchanges, wallets, payment and DeFi businesses: platform terms, token arrangements, smart contract terms, investor documents and commercial partnerships.
  3. Crypto tax and SARS
    Advice on the income tax, capital gains tax and VAT treatment of crypto assets, voluntary disclosure, and SARS audits, assessments and objections, working alongside your tax practitioner.
  4. Crypto disputes and recovery
    Fraud, platform failures and contract disputes: tracing, urgent interdicts and preservation orders, claims in liquidations, and litigation to recover crypto assets.

We combine fintech regulatory expertise with commercial and litigation experience, so your crypto business is built on solid ground and protected when things are tested.

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WHY O’REILLY LAW?

Why clients trust us with crypto matters.

Fintech experience:

We advise fintech and startup businesses, so we understand how crypto products are built and funded.

Commercially minded:

Compliance that supports your product and growth, rather than slowing it down.

Regulatory precision:

FAIS, FICA, exchange control and tax requirements handled with care in a fast-moving field.

Transparent fees:

Fixed or capped fees wherever the scope allows, so you know the cost before you commit.

Who this is for

You’ll benefit if you are:

  • A founder launching an exchange, wallet, payments or Web3 business.
  • A crypto business applying for FSCA licensing or building its FICA compliance.
  • An international crypto platform entering the South African market.
  • An investor or trader needing advice on tax, SARS queries or voluntary disclosure.
  • A business accepting crypto payments or holding crypto assets in its treasury.
  • A person or company that has lost funds to crypto fraud or a failed platform.

Common Questions

Yes. Buying, selling and holding crypto assets is legal. Crypto assets are not legal tender, but businesses that provide financial services in relation to them are regulated, mainly under the Financial Advisory and Intermediary Services Act (FAIS) and the Financial Intelligence Centre Act (FICA).
Generally yes. Crypto assets have been declared a financial product under FAIS, so businesses that give advice or render intermediary services in relation to crypto assets must be authorised by the Financial Sector Conduct Authority (FSCA). They are also accountable institutions under FICA and must register with the Financial Intelligence Centre.
SARS treats crypto assets as assets, not currency. Depending on your circumstances, gains are taxed either as income or as capital gains, and trading one crypto asset for another can be a taxable event. Most dealings in crypto assets are exempt from VAT. Taxpayers must declare crypto gains and losses in their returns.
Speak to a lawyer before SARS contacts you. The Voluntary Disclosure Programme may allow you to regularise your tax affairs with relief from understatement penalties, but only if you apply before SARS has started an audit or investigation into the issue.
Sometimes. Speed matters. Funds can often be traced on the blockchain, and where they reach a regulated platform, courts can grant urgent orders to freeze and disclose information. Where a platform has failed, you may have a claim in its liquidation.

CRYPTO LAWYERS

Crypto moves fast, and the law is catching up. O’Reilly Law provides strategic, commercially focused crypto legal advice to keep your business compliant, your tax position sound and your assets protected.
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O’Reilly Law is a South African legal practice providing legal advice on crypto asset regulation, FICA compliance, crypto tax and crypto disputes.

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