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Financial Services Law and Distributed Ledger Technology: Regulating Cryptoassets and Decentralised Finance

Financial Services Law and Distributed Ledger Technology: Regulating Cryptoassets and Decentralised Finance

Author: Brendan McGurk KC; Stefan Reichenbach
Publisher: Edward Elgar Publishing
ISBN: 9781035300877
Published In: March 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This incisive book examines the extent to which existing UK financial service regulations can be applied to digital assets and decentralised financial services provided by distributed networks. Brendan McGurk and Stefan Reichenbach consider the wider legal issues beyond regulatory enforcement, attributable to the use of distributed ledger technology based financial services.

Key Features:

In-depth exploration of dispute resolution methods available to holders of digital assets
Comprehensive examination of the nature and application of distributed ledgers in the context of financial services
Consideration of the complexities in identifying the appropriate jurisdiction and applicable laws governing crypto disputes
Sector specific analysis of the use of digital assets as securities, within distributed payment systems, and in supporting lending and insurance services

Discussing the benefits and risks associated with the application of DLT, this informative book will be fundamental for financial services practitioners, including solicitors, barristers, and in-house counsel, as well as industry specialists operating within the decentralised finance sphere. It will also be beneficial for academics and researchers in finance and banking law, and technology, media, and telecommunications law.

Introduction to Financial Services Law and Distributed Ledger Technology

PART I. THE NATURE AND USE OF DISTRIBUTED LEDGER TECHNOLOGY IN FINANCIAL SERVICES

Blockchain and distributed ledger technology

Digital assets and the token economy

The application of DLT in financial services: Benefits and use cases

Risks and the regulatory issues arising from the use of DLT

PART II. THE FINANCIAL SERVICES REGULATORY FRAMEWORK

Financial services regulation Part 1: The proprietary status of cryptoassets

Financial services regulation Part 2: The regulated activities

Financial services regulation Part 3: Other applicable provisions

PART III. REGULATING SPECIFIC USE CASES

Regulating trade in securities tokens