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Law Commission continues to clarify English law treatment of digital assets, including as to legal status, forum and applicable law | Linklaters
The Law Commission has published a consultation on draft legislation to confirm the existence of a “third” category of property as well as a call for evidence on the private international law treatment of digital assets.
The legal outlook for fintech and payments 2024 | FintechLinks | Blogs | Insights | Linklaters
Despite challenges for the global industry, there are still fundamental growth drivers for the continued digitalisation of financial products, services and market infrastructure. Read more about the legal outlook for fintech and payments markets in the year ahead.
The Kraken defeated - Time for cryptoasset exchanges to replace US arbitration clauses in UK consumer contracts? | FintechLinks | Blogs | Insights | Linklaters
Following a recent UK court decision, crypto exchanges with customer’s agreements that submit to US arbitration may no longer be enforceable.
The UK Digital Securities Sandbox: a promising tool for financial market innovation | FintechLinks | Blogs | Insights | Linklaters
Pursuant to new powers under FSMA 2023, the UK Treasury is proposing to launch its first FMI sandbox, to facilitate the testing and adoption of digital securities infrastructure.
The Law Commission’s final report on digital assets underscores the existing flexibility and certainty under English law, with limited need for statutory intervention |FintechLinks | Blogs | Insights | Linklaters
The Law Commission has published its final report on digital assets which is and highly welcome and closely aligned with our feedback.
US illicit finance risk assessment of Decentralized Finance – addressing the regulatory gap |FintechLinks | Blogs | Insights | Linklaters
The US Department of the Treasury has recommended actions to address a regulatory gap identified in the anti-money laundering and countering the financing of terrorism regime governing DeFi services
Watch: European Parliament formally adopts Markets in Cryptoassets Regulation | FintechLinks | Blogs | Insights | Linklaters
The European Parliament has now formally adopted MiCAR. Knowledge Portal subscribers can access our new cross-border report and webinar recording for further insights on what businesses could be doing to prepare.
New SEC Proposed Safeguarding Rule | FintechLinks | Blogs | Insights | Linklaters
The Securities and Exchange Commission (the “SEC”) recently proposed revamping Rule 206(4)-2 (the “Custody Rule”) under the Investment Advisers Act of 1940 (the “Advisers Act”) to enhance the protection of customer assets managed by registered investment advisers, in light of changes in technology, advisory services and custodial practices.1 However, these enhancements, which are proposed to be embodied in new rule 223-1 under the Advisers Act (the “Proposed Safeguarding Rule”), would also have unintended consequences.
New SEC Proposed Safeguarding Rule | FintechLinks | Blogs | Insights | Linklaters
The Securities and Exchange Commission (the “SEC”) recently proposed revamping Rule 206(4)-2 (the “Custody Rule”) under the Investment Advisers Act of 1940 (the “Advisers Act”) to enhance the protection of customer assets managed by registered investment advisers, in light of changes in technology, advisory services and custodial practices.1 However, these enhancements, which are proposed to be embodied in new rule 223-1 under the Advisers Act (the “Proposed Safeguarding Rule”), would also have unintended consequences.
The EU’s proposed pilot regime for digital security infrastructure: a game-changer for security tokens? | Fintech | Blogs | Linklaters
The European Commission has proposed a pilot regime to enable regulated institutions to develop DLT-based infrastructure for the trading, custody and settlement of securities.
Lofty Ways to Leave your Fiver: Big Thoughts About Central Bank Digital Currencies | Fintech | Blogs | Linklaters
A group of seven central banks together with the Bank for International Settlements (BIS) has published a report discussing foundational principles for publicly available central bank digital currencies.