Financial Technology and the Law

Financial Technology and the Law

Author: Doron Goldbarsht

Publisher: Springer Nature

Published: 2022-02-04

Total Pages: 316

ISBN-13: 3030880362

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Blockchains and cryptocurrencies, open banking, virtual assets, and artificial intelligence have become the buzzword of this decade. This book focuses on these ‘disruptive’ financial technologies that provide alternatives to the traditional financial services typically offered by regulated financial institutions. Financial technologies are characterized by the innovative ways in which they initiate, support or extend traditional financial services or offer alternative financial pathways and products. However, these financial technologies also pose money laundering and terrorist and proliferation financing as well as cyber security risks that require mitigation. This edited volume addresses a range of regulatory and enforcement challenges related to financial technology and financial crime. The book responds to the United Nations’ Sustainable Development Goals, in particular in relation to economic development, employment, national security, law enforcement and social well-being. Fostering responsible financial innovation promotes long-term economic growth, inclusion, and improved living standards. This book explores how to promote financial innovation while mitigating risks in a way that ensures financial prosperity and social inclusion.


Financial Technology Law and Regulation in Africa

Financial Technology Law and Regulation in Africa

Author: Iwa Salami

Publisher: Taylor & Francis

Published: 2024-09-30

Total Pages: 141

ISBN-13: 1040134378

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This book comprehensively analyses financial technology law and regulation in Africa and provides domestic and regional perspectives on regulating FinTech in Africa. It studies policy considerations that can assist African policymakers in facilitating a balanced regulatory approach that does not stifle financial innovation. The growth of financial technology in Africa presents huge opportunities for inclusive growth on the African continent. Digital finance, which sits at the heart of financial technology, could be key to placing Africa back on the economic recovery trajectory after the COVID-19 crisis, facilitating its speed in achieving the UNSDG 2030 goals and setting the continent on course to meet its African Union Agenda 2063. This book: - Examines mobile financial services, crowdfunding, crypto-assets, digital currencies including central bank digital currencies, decentralised finance and open banking and finance, all from an African perspective; - Explores the status of regulation in these areas in Africa, highlighting areas where regulation is lacking, inadequate and in need of reform; - Highlights pragmatic approaches to regulation such as including the adoption of regulatory sandboxes and regulatory technology and discusses requirements for the adoption of supervisory technology in Africa; - Scrutinises the implications of developments in the FinTech space in Africa for international security and economic and financial stability. Placing Africa in the global context, the book argues for an international effort to understand the global dimensions of FinTech developments so that robust and applicable global regulatory frameworks can be applied in developing parts of the world. It will provide useful insights to investors, policy makers and entrepreneurs. It will also be essential reading for students and researchers in the field of technology, public policy, regulatory policy, financial policy, banking, and finance law.


FinTech in Sub-Saharan African Countries

FinTech in Sub-Saharan African Countries

Author: Mr.Amadou N Sy

Publisher: International Monetary Fund

Published: 2019-02-14

Total Pages: 61

ISBN-13: 1484385667

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FinTech is a major force shaping the structure of the financial industry in sub-Saharan Africa. New technologies are being developed and implemented in sub-Saharan Africa with the potential to change the competitive landscape in the financial industry. While it raises concerns on the emergence of vulnerabilities, FinTech challenges traditional structures and creates efficiency gains by opening up the financial services value chain. Today, FinTech is emerging as a technological enabler in the region, improving financial inclusion and serving as a catalyst for the emergence of innovations in other sectors, such as agriculture and infrastructure.


Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Author: International Monetary Fund

Publisher: International Monetary Fund

Published: 2022-01-27

Total Pages: 31

ISBN-13: 1616358750

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This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.


The REGTECH Book

The REGTECH Book

Author: Janos Barberis

Publisher: John Wiley & Sons

Published: 2019-08-06

Total Pages: 390

ISBN-13: 1119362164

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The Regulatory Technology Handbook The transformational potential of RegTech has been confirmed in recent years with US$1.2 billion invested in start-ups (2017) and an expected additional spending of US$100 billion by 2020. Regulatory technology will not only provide efficiency gains for compliance and reporting functions, it will radically change market structure and supervision. This book, the first of its kind, is providing a comprehensive and invaluable source of information aimed at corporates, regulators, compliance professionals, start-ups and policy makers. The REGTECH Book brings into a single volume the curated industry expertise delivered by subject matter experts. It serves as a single reference point to understand the RegTech eco-system and its impact on the industry. Readers will learn foundational notions such as: • The economic impact of digitization and datafication of regulation • How new technologies (Artificial Intelligence, Blockchain) are applied to compliance • Business use cases of RegTech for cost-reduction and new product origination • The future regulatory landscape affecting financial institutions, technology companies and other industries Edited by world-class academics and written by compliance professionals, regulators, entrepreneurs and business leaders, the RegTech Book represents an invaluable resource that paves the way for 21st century regulatory innovation.


Employing Recent Technologies for Improved Digital Governance

Employing Recent Technologies for Improved Digital Governance

Author: Ponnusamy, Vasaki

Publisher: IGI Global

Published: 2019-12-27

Total Pages: 383

ISBN-13: 1799818535

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The digital divide, caused by several factors such as poverty and slow communication technologies, has offset the progression of many developing countries. However, with rapid changes in technology, a better collaboration among communities and governance based on the latest research in ICT and technology has begun to emerge. Employing Recent Technologies for Improved Digital Governance is an essential reference source that provides research on recent advances in the development, application, and impact of technologies for the initiative of digital governance. The book has a dual objective with the first objective being to encourage more research in deploying recent trends in the internet for deploying a collaborative digital governance. The second objective is to explore new possibilities using internet of things (IoT) and cloud/fog-based solutions for creating a collaboration between the governance and IT infrastructure. Featuring research on topics such as intelligent systems, social engineering, and cybersecurity, this book is ideally designed for policymakers, government officials, ICT specialists, researchers, academicians, industry professionals, and students.


The Rule of Law

The Rule of Law

Author: Tom Bingham

Publisher: Penguin UK

Published: 2011-07-07

Total Pages: 236

ISBN-13: 0141962011

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'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.


FinTech

FinTech

Author: Jelena Madir

Publisher: Edward Elgar Publishing

Published: 2024-05-02

Total Pages: 719

ISBN-13: 1035314754

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This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession.


The Regulation of Mobile Money

The Regulation of Mobile Money

Author: Sunduzwayo Madise

Publisher: Springer

Published: 2019-03-26

Total Pages: 436

ISBN-13: 3030138313

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The emergence of mobile money and other new forms of payment has changed the sovereign foundations of money. Starting as a Department for International Development funded project in Kenya, mobile money has now spread to many developing countries. This book looks at the regulatory issues that mobile money poses, and the potential risks to the financial system. It undertakes a comparative study of mobile money regimes in Kenya, Malaŵi, Tanzania, and South Africa. Although the main study is on Malaŵi, the lessons learnt are valuable to Sub Saharan Africa in understanding the regulatory issues surrounding mobile money. The main argument that this book makes is that the traditional regulatory architecture of supervising the financial services is ill-suited to supervise new forms of money like mobile money. With no requirement for a bank account, mobile money is not subject to prudential regulation. Mobile money is now considered a key developmental tool to achieve financial inclusion among the poor, rural based, unbanked, and underbanked. As opposed to traditional additive forms of financial inclusion, mobile money is transformative. In most jurisdictions where it has been launched, mobile money has largely been regulated using light-touch, with regulation following innovation. This work, however, proposes an approach based on the concept of really responsive regulation. This approach is best suited to embrace mobile money as it passes from the pre-financial inclusion to the post-financial inclusion phases of its evolution. This book will appeal to students and academics in the financial regulation field.


FinTech and RegTech in a Nutshell, and the Future in a Sandbox

FinTech and RegTech in a Nutshell, and the Future in a Sandbox

Author: Douglas W. Arner

Publisher: CFA Institute Research Foundation

Published: 2017-07-31

Total Pages: 30

ISBN-13: 1944960260

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The 2008 global financial crisis represented a pivotal moment that separated prior phases of the development of financial technology (FinTech) and regulatory technology (RegTech) from the current paradigm. Today, FinTech has entered a phase of rapid development marked by the proliferation of startups and other new entrants, such as IT and ecommerce firms that have fragmented the financial services market. This new era presents fresh challenges for regulators and highlights why the evolution of FinTech necessitates a parallel development of RegTech. In particular, regulators must develop a robust new framework that promotes innovation and market confidence, aided by the use of regulatory "sandboxes." Certain RegTech developments today are highlighting the path toward another paradigm shift, which will be marked by a reconceptualization of the nature of financial regulation.