Janina Petrovskaia
Since 2017, Ms. Petrovskaia has successfully structured over 100 web3 projects across various sectors worldwide at various stages with major focus on tokenization of real world assets like real estate, commodities, diamonds, physical and digital art; as well as SDG related projects.
With a background in international consultancy, Ms. Petrovskaia used to advise for years a diverse array of international investors, primarily from Germany, Switzerland, Austria, and Liechtenstein in CIS countries with all activities in regard to their subsidiaries, branches, joint ventures and M&A deals in the amount up to 150 Million Euro.
ZÜGERLAW,
Sessions
The Markets in Crypto-Assets (MiCA) regulation introduces a unified legal framework for crypto-assets within the European Union, addressing gaps in consumer protection and market stability. It establishes specific compliance requirements for Asset-Referenced Tokens (ARTs) and E-Money Tokens (EMTs), as well as for utility token and other crypto-asset issuers.
ARTs, designed to maintain value stability by referencing multiple assets, must comply with stringent rules regarding collateralization, governance, and disclosure. Issuers are required to ensure proper reserves, risk management practices, and regular reporting to regulatory authorities. Similarly, EMTs, which are tied to a single fiat currency, must align with e-money regulations, emphasizing monetary stability and operational transparency.
For utility tokens and other crypto-assets, MiCA mandates the publication of a detailed white paper. This document must outline the token's functionality, associated risks, issuance details, and mechanisms for user protection. These disclosures aim to enhance transparency and bolster investor confidence.
MiCA’s requirements seek to harmonize regulations across EU member states, fostering innovation while addressing risks. The framework is pivotal for ensuring legal clarity and enabling sustainable growth in the crypto-asset ecosystem, balancing innovation with consumer and market safeguards.
The growth of decentralized finance (DeFi) and real-world asset (RWA) tokenization presents unique regulatory challenges in Switzerland, Liechtenstein, and the EU. In DeFi, the absence of centralized intermediaries complicates compliance with traditional regulatory frameworks. Switzerland employs a principle-based approach, applying Anti-Money Laundering (AML) rules and investor protection standards to balance innovation with risk mitigation. In the EU, efforts to regulate DeFi are advancing under the Markets in Crypto-Assets (MiCA) framework, though the status of fully decentralized platforms remains unclear, leaving a compliance gray area.
RWA tokenization is transforming the ownership and trading of real estate, precious stones, and both physical and digital art. Switzerland often treats tokenized assets under securities law, requiring issuers to ensure transparency, investor protection, and secure custody. Liechtenstein’s Blockchain Act offers flexible legal wrappers for tokenized assets, while the EU similarly emphasizes compliance with securities and transparency regulations. Use cases for tokenization range from fractional ownership of real estate to digitized rare art collections, enabling new opportunities for investors but demanding careful legal structuring.
Both DeFi and RWA tokenization highlight the need for tailored regulatory frameworks that foster innovation while ensuring market integrity, transparency, and consumer protection across jurisdictions.