Cryptocurrencies and the Regulatory Challenge

Cryptocurrencies and the Regulatory Challenge

Author: Allan C. Hutchinson

Publisher: Routledge

Published: 2021-11-10

Total Pages: 188

ISBN-13: 1000466809

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As a social process that places great stock in its stability and predictability, law does not deal easily or well with change. In a modern world that is in a constant and rapid state of flux, law is being placed under considerable stress in its efforts to fulfill its task as a primary regulator of social and economic behaviour. This challenge is particularly acute in the realm of technology and its profound ramifications for social and economic behaviour. The innovative Techno-Age not only offers fresh ways of handling old problems, but also throws up entirely new problems; traditional ways of thinking about and responding to these old and new problems and their optimal resolution are no longer as tenable as many once thought. One such example is the burgeoning world of cryptocurrencies – this peer-to-peer digital network presents a profound challenge to the status quo of the financial services sector, to the established modes of state-backed fiat currency, and to the regulatory authority and reach of law. Taken together, these related challenges demand the urgent attention of jurists, lawyers and law reformers. It is the future and relevance of legal regulation as much as cryptocurrency that is at stake. This book proposes an approach to regulating cryptocurrency that recognises and retains its innovative and transformative potential, but also identifies and deals with some of its less appealing qualities and implications.


Blockchain and Cryptocurrency: International Legal and Regulatory Challenges

Blockchain and Cryptocurrency: International Legal and Regulatory Challenges

Author: Dean Armstrong KC

Publisher: Bloomsbury Publishing

Published: 2022-11-21

Total Pages: 341

ISBN-13: 1526521660

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Providing a comprehensive explanation of blockchain, cryptocurrency and the international regulation and challenges that apply, this book introduces the reader to the core topics, including: global regulation of blockchain and cryptoassets; the Internet of Things; the Right to be Forgotten and the right to erasure; environmental, social and governance metrics; smart contracts; initial coin offerings; data protection regulation; Decentralised Autonomous Organisations ('DAOs') and the Metaverse. Written by leading UK experts in cyber law, the Second Edition includes: - fungible and non-fungible cryptoassets ('NFTs') - remedy and tracing strategies - financial hygiene requirements that flow from anti-money laundering - counter-terrorist financing regulations. Explaining the fundamentals of blockchain and cryptocurrency in an accessible and understandable way, and sparking new thinking about how old problems can be solved in new ways, this book is essential reading for anyone wishing to have a wider understanding of this complex and evolving area of law. This title is included in Bloomsbury Professional's Cyber Law online service.


Cryptocurrency Compliance and Operations

Cryptocurrency Compliance and Operations

Author: Jason Scharfman

Publisher: Springer Nature

Published: 2021-11-26

Total Pages: 251

ISBN-13: 3030880001

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Cryptocurrencies and digital assets are increasingly garnering interest from institutional investors. This is on top of the already strong support in place for cryptocurrencies such as Bitcoin from the retail investor. With this rapid growth has come a series of complex operational and regulatory compliance challenges. These challenges have become further exacerbated by the increasing pace of technological advances in areas such as decentralized finance (DeFi) tokenization, blockchain and distributed ledger technology (DLT) essential to the crypto and digital asset markets. This book will be the first book to provide current and practical guidance on the operational and compliance foundations of crypto investing and asset management. The book will include: · Step-by-step analysis of the modern operational mechanics behind cryptocurrency investment operations · Detailed guidance and example documentation on the procedures launching a crypto fund · Explanation of the operational procedures and compliance requirements for crytpo asset managers · Detailed analysis of crypto anti-money laundering compliance, regulations and laws for cryptocurrencies · Up-to-date analysis of recent crypto case studies, frauds and regulatory enforcement actions · Review of the digital asset landscape including non-fungible tokens (NFTs) and asset tokenization · Current examples of real-world crypto operations policies and compliance manuals · Analysis of the emerging trends in crypto operations and compliance in areas including blockchain, DeFi, crypto lending, yield farming, crypto mining and dApps Cryptocurrency Compliance and Operations will be an invaluable up-to-date resource for investors, fund managers, and their operations and compliance personnel as well as service providers on the implementation and management of best practice operations.​


Understanding cryptocurrency fraud

Understanding cryptocurrency fraud

Author: Shaen Corbet

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2021-12-06

Total Pages: 217

ISBN-13: 311071857X

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This handbook focuses on the key issues that continue to hinder the formal development of cryptocurrencies as a mainstream financial asset. It primarily examines reputationally damaging events, particularly those related to illicit behavior. The goal of the handbook is to determine whether some of these events could be mitigated by improved or at least coordinated international regulation. The handbook will be useful for specialist technical audiences such as legal, accounting and financial practices. It will also be beneficial for upper level masters and research students in economics, law, accounting, taxation, investment and portfolio management.


Regulation of Cryptocurrencies and Blockchain Technologies

Regulation of Cryptocurrencies and Blockchain Technologies

Author: Rosario Girasa

Publisher: Springer

Published: 2018-06-29

Total Pages: 285

ISBN-13: 3319785095

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The book highlights the rise of Bitcoin, which is based on blockchain technology, and some of the many types of coins and tokens that emerged thereafter. Although Bitcoin and other cryptocurrencies have made national and international news with their dramatic rise and decline in value, nevertheless the underlying technology is being adopted by both industry and governments, which have noted the benefits of speed, cost efficiency, and protection from hacking. Based on numerous downloaded articles, laws, cases, and other materials, the book discusses the digital transformation, the types of cryptocurrencies, key actors, and the benefits and risks. It also addresses legal issues of digital technology and the evolving U.S. federal regulation. The varying treatment by individual U.S. states is reviewed together with attempts by organizations to arrive at a uniform regulatory regime. Both civil and criminal prosecutions are highlighted with an examination of the major cases that have arisen. Whether and how to tax cryptocurrency transactions both in the U.S. and internationally are analyzed, and ends with a speculative narrative of future developments.


Bitcoin, Blockchain, and Cryptoassets

Bitcoin, Blockchain, and Cryptoassets

Author: Fabian Schar

Publisher: MIT Press

Published: 2020-09-01

Total Pages: 289

ISBN-13: 0262362902

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An introduction to cryptocurrencies and blockchain technology; a guide for practitioners and students. Bitcoin and blockchain enable the ownership of virtual property without the need for a central authority. Additionally, Bitcoin and other cryptocurrencies make up an entirely new class of assets that have the potential for fundamental change in the current financial system. This book offers an introduction to cryptocurrencies and blockchain technology from the perspective of monetary economics.


Handbook of Blockchain, Digital Finance, and Inclusion, Volume 1

Handbook of Blockchain, Digital Finance, and Inclusion, Volume 1

Author: David Lee Kuo Chuen

Publisher: Academic Press

Published: 2017-08-03

Total Pages: 484

ISBN-13: 0128104422

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Handbook of Blockchain, Digital Finance, and Inclusion, Volume 1: Cryptocurrency, FinTech, InsurTech, and Regulation explores recent advances in digital banking and cryptocurrency, emphasizing mobile technology and evolving uses of cryptocurrencies as financial assets. Contributors go beyond summaries of standard models to describe new banking business models that will be sustainable and will likely dictate the future of finance. The volume not only emphasizes the financial opportunities made possible by digital banking, such as financial inclusion and impact investing, but it also looks at engineering theories and developments that encourage innovation. Its ability to illuminate present potential and future possibilities make it a unique contribution to the literature. - Explores recent advances in digital banking and cryptocurrency, emphasizing mobile technology and evolving uses of cryptocurrencies as financial assets - Explains the practical consequences of both technologies and economics to readers who want to learn about subjects related to their specialties - Encompasses alternative finance, financial inclusion, impact investing, decentralized consensus ledger and applied cryptography - Provides the only advanced methodical summary of these subjects available today


Virtual Currencies and Beyond

Virtual Currencies and Beyond

Author: Mr.Dong He

Publisher: International Monetary Fund

Published: 2016-01-20

Total Pages: 42

ISBN-13: 149836327X

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New technologies are driving transformational changes in the global financial system. Virtual currencies (VCs) and the underlying distributed ledger systems are among these. VCs offer many potential benefits, but also considerable risks. VCs could raise efficiency and in the long run strengthen financial inclusion. At the same time, VCs could be potential vehicles for money laundering, terrorist financing, tax evasion and fraud. While risks to the conduct of monetary policy seem less likely to arise at this stage given the very small scale of VCs, risks to financial stability may eventually emerge as the new technologies become more widely used. National authorities have begun to address these challenges and will need to calibrate regulation in a manner that appropriately addresses the risks without stifling innovation. As experience is gained, international standards and best practices could be considered to provide guidance on the most appropriate regulatory responses in different fields, thereby promoting harmonization and cooperation across jurisdictions.


Regulating Blockchain

Regulating Blockchain

Author: Philipp Hacker

Publisher: Oxford University Press

Published: 2019-08-29

Total Pages: 612

ISBN-13: 0192579509

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Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation.


Cryptoassets

Cryptoassets

Author: Chris Brummer

Publisher: Oxford University Press

Published: 2019-09-12

Total Pages: 457

ISBN-13: 0190077344

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Cryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.