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


ISBN13: 9781035300877
Published: March 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £180.00



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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.

Subjects:
Banking and Finance, Blockchain and Cryptocurrency
Contents:
1. Introduction to Financial Services Law and Distributed Ledger Technology

PART I. THE NATURE AND USE OF DISTRIBUTED LEDGER TECHNOLOGY IN FINANCIAL SERVICES
2. Blockchain and distributed ledger technology
3. Digital assets and the token economy
4. The application of DLT in financial services: Benefits and use cases
5. Risks and the regulatory issues arising from the use of DLT

PART II. THE FINANCIAL SERVICES REGULATORY FRAMEWORK
6. Financial services regulation Part 1: The proprietary status of cryptoassets
7. Financial services regulation Part 2: The regulated activities
8. Financial services regulation Part 3: Other applicable provisions

PART III. REGULATING SPECIFIC USE CASES
9. Regulating trade in securities tokens
10. Cryptoassets in payments and payment services
11. Crypto lending platforms
12. Decentralised insurance

PART IV. JURISDICTION AND REMEDIES
13. Jurisdiction and applicable law
14. Dispute resolution and remedies
15. Conclusion: Regulating distributed ledger technology through financial services law

Series: Elgar Financial Law and Practice Series

Fintech: Law and Regulation 3rd ed
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Edward Elgar Publishing Limited
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EU Banking and Financial Regulation ISBN 9781035301942
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Mis-Selling Financial Services 2nd ed ISBN 9781800883697
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Payment Services: Law and Practice ISBN 9781839107979
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Fintech: Law and Regulation 2nd ed
Edited by: Jelena Madir
ISBN 9781800375949
Published December 2021
Edward Elgar Publishing Limited
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Financial Advice and Investor Protection: Comparative Law and Practice
Edited by: Sandra Booysen
ISBN 9781800884618
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Edward Elgar Publishing Limited
£163.00
Judicial Review in the European Banking Union (eBook) ISBN 9781800373204
Published February 2021
Edward Elgar Publishing Limited
£162.00
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Judicial Review in the European Banking Union ISBN 9781800373198
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Edward Elgar Publishing Limited
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The Governance of Credit Rating Agencies: Regulatory Regimes and Liability Issues ISBN 9781786439932
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Yeowart and Parsons on the Law of Financial Collateral ISBN 9781782546313
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The Law on Corporate Governance in Banks ISBN 9781782548850
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