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Law and Regulation Edited by Jelena Madir, Chief Counsel, European Bank for Reconstruction and Development
FinTech has developed rapidly in recent years, and with these developments new challenges arise, particularly for regulators: how do you apply current law to these ever-changing concepts in a world of continual technological advancement?
Extent: c 496 pp
Hardback Price: $265.00 Web: $238.50
Publication Date: September 2019
ISBN: 978 1 78897 901 6
Availability: Not yet published

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  • eISBN: 978 1 78897 902 3

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  • Law - Academic
  • Finance and Banking Law
  • Internet and Technology Law
  • Law - Professional
  • Finance and Banking Law
  • Technology, Media and Telecommunications Law
FinTech has developed rapidly in recent years, and with these developments new challenges arise, particularly for regulators: how do you apply current law to these ever-changing concepts in a world of continual technological advancement?

Key features include:

• Insight from FinTech specialists from 10 countries, unpicking the legal and regulatory issues across banking, payments and fundraising

• Detailed clarification on developments in alternative funding platforms, cryptoassets, initial coin offerings, blockchain and smart contracts

• Discussion of innovative solutions for regulators including how to combat the challenges of patenting FinTech inventions and regulating robo-advisors

• Guidance for law firms on meeting the challenges presented by the speed of technological innovation and new entrants in the financial sector.

Offering a thorough overview of the sector for practical use, FinTech: Law and Regulation will be an invaluable guide for in-house lawyers as well as law firms looking for an overview of legal and regulatory issues in FinTech. It will also be an essential text for those looking to understand the breadth of the sector, as well as the key legal and regulatory issues.
‘New technologies are changing the way that institutions and communities own and trade assets, and establish trusted shared information. FinTech provides a well-researched, timely and important in-depth commentary on the legal and regulatory aspects of financial services technology, with particular emphasis on blockchain and distributed ledger systems.’
– Christopher D. Clack, UCL, UK

‘Fintech: Law and Regulation lays the foundation for both practitioners and academics alike to gain a fundamental understanding of the important legal issues that surround financial technology. The book is well researched and written by a highly esteemed set of authors who inform the reader of both general concepts and pertinent details. As in-house counsel at a cutting edge blockchain company, I will be recommending (and referencing) this book for the foreseeable future.’
– Jason Rozovsky, Assistant General Counsel and Head of the Legal Center of Excellence, R3

‘FinTech: Law and Regulation is a rare example of a book that is both highly detailed whilst being effortlessly accessible – equally suitable for lawyers and laypersons alike. This book nimbly cuts through the sea of jargon to distil the pertinent legal issues that surround many emerging sectors within the FinTech space.'
– Josh Goodbody, Global General Counsel, Huobi Group

‘As technology reshapes financial products and services at meteoric speed, FinTech: Law and Regulation helps the reader understand key components of this evolution with an international mindset.'
– Martin Ferreiro, Product Manager, Ebury UK

‘Financial technology is a global phenomenon rapidly evolving in numerous directions and impacting a myriad of industries. If you need to understand how law and regulation around the globe is addressing, supporting, and grappling with its many challenges and immense possibilities, this is the book to read!'
– Bridget Marsh, Executive Vice President and Deputy General Counsel, The Loan Syndications and Trading Association, US

‘An excellent review of the key topics in the developing world of FinTech. Easily digestible chapters that identify and demystify legal issues surrounding this rapidly expanding subject matter.’
– James M. Klotz, Miller Thomson LLP, Canada; Vice-President, International Bar Association; Immediate Past-Chair, IBA Task Force on the Future of Legal Services

‘FinTech: Law and Regulation makes an important and welcome contribution to the literature in the growing financial technology industry. It covers every area from open banking to smart contracts whilst neatly combining analysis of the technical considerations as well as the pertinent legal and regulatory issues. This book will be hugely beneficial to practicing lawyers, law students, technologists and academics. Highly recommended.'
– Peter Hunn, Founder and CEO, Clause Inc., US
Contributors include: S. Adams-Bhatti, D.W. Arner, C.M. Baker, C. Brown, R. Buckley, K. Butler, P. Chapman, S. Cherkasova, T. Chittenden, D. Cooper, P.L. de Miranda, H. de Vauplane, A. Didenko, T. Dolan, M. Fenwick, J. Finlayson-Brown, J.H.H. Jung, W.A. Kaal, B. Lin, C. Low, J. Madir, G. Nash, K. Pender, L. Reiners, B. Rengard-Weinrabe, M. Stankovic, H. Territt, E.P.M. Vermeulen, K. Werbach, A. Yamaoka-Enkerlin, D. Zetzsche



1. Introduction: What is FinTech?
Jelena Madir

PART I Payments, alternative financing and cryptoassets
2. Adapting to a changing payments system
Ben Regnard-Weinrabe and Jane Finlayson-Brown

3. Crowdfunding platforms
Peter Chapman

4. Cryptoassets and initial coin offerings
Claude Brown, Tim Dolan and Karen Butler

5. Cryptocurrencies and central banks
Hubert de Vauplane

PART II Blockchain and distributed ledgers
6. Blockchain in financial services
Colleen Baker and Kevin Werbach

7. Smart contracts
Jelena Madir

8. Governing the blockchain: How to determine applicable law?
Harriet Territt

9. Liabilities associated with distributed ledgers: a comparative analysis
Dirk A. Zetzsche, Ross P. Buckley, Douglas W. Arner and Anton Didenko

10. Cybersecurity and blockchain
Patricia L. de Miranda

11. Privacy and blockchain
Daniel Cooper and Gemma Nash

PART III Regulation and compliance
12. RegTech and SupTech
John Ho Hee Jung

13. FinTech and TechFin: regulation of data-driven finance
Dirk A. Zetzsche, Ross P. Buckley and Douglas W. Arner

14. Regulatory sandboxes
Byungkwon Lim and Charles Low

15. Compliance and whistleblowing: How technology will change, empower and replace whistleblowers
Kieran Pender, Sofya Cherkasova and Anna Yamaoka-Enkerlin

16. Regulation of robo-advisory services
Lee Reiners

17. Patentability of FinTech inventions
Mirjana Stankovic

Part IV Technological innovations in legal services
18. Innovation process in law firms
Sophia Adams-Bhatti and Tara Chittenden

19. Future lawyers: How to stay up to date with the legal tech revolution?
Mark Fenwick, Wulf A. Kaal and Erik P.M. Vermeulen