Category Archives: Fintech

International Regulatory Cooperation: FinTech Edition

By | August 20, 2018

Courtesy of Barbara C. Matthews Financial regulators have been finding new ways to cooperate and coordinate policy formation since the Basel Committee was created in the early 1970s.  Sectoral groups (IOSCO for securities, IAIS for insurance) were joined by cross-functional groups following the Asian Financial crisis (the Financial Stability Forum) and the most recent financial… Read More »

Hedge Funds and Cryptocurrencies: a top-down analysis of Malta’s regulatory framework

By | August 16, 2018

Courtesy of Damiano Di Maio, LL.M. and Andrea Vianelli, LL.M Cryptocurrencies and blockchain technology are two of the hottest topics in finance. While most discussions surrounding the crypto industry revolve around the underlying technology and its potential applications in the financial industry, the regulatory treatment of crypto-assets is less discussed and remains opaque to most… Read More »

Behavioral Biases in Peer-to-Peer (P2P) Lending

By | August 13, 2018

Courtesy of Shahar Ayal, Daphna Bar-Haim and Moran Ofir Peer-to-Peer (P2P) lending refers to online marketplaces where lenders lend to individuals or small businesses. This rapidly expanding new source of credit eliminates the traditional financial intermediary and reduces financial exclusion by allowing more people to borrow and lend. At the same time, the replacement of… Read More »

The Wisdom of Crowds in Initial Coin Offerings

By | July 24, 2018

Courtesy of Tao Li, Jongsub Lee, and Donghwa Shin Initial coin offerings (ICOs) have recently emerged as a popular way to fund blockchain-related startups, raising nearly $12 billion since 2017, according to a report issued by CoinDesk. Through this new form of crowdfunding, an entrepreneur raises capital by creating and selling a virtual currency or “token,”… Read More »

How Regulators are Responding to FinTech

By | June 29, 2018

This post is the fifth and final in a series that highlights various elements of a new online course titled “FinTech Law and Policy.” The course is available to all on the Coursera platform (it can be audited for free) and covers the key legal and regulatory issues confronting the FinTech industry today. You can… Read More »

What Happens When FinTech Firms Don’t Understand Regulation?

By | June 27, 2018

This post is the third in a series that highlights various elements of a new online course titled “FinTech Law and Policy.” The course is available to all on the Coursera platform (it can be audited for free) and covers the key legal and regulatory issues confronting the FinTech industry today. The following examples highlight… Read More »

Introducing “FinTech Law and Policy”

By | June 25, 2018

In 2016, few people had ever heard of Bitcoin or blockchain, initial coin offerings were non-existent, and US financial regulatory agencies had yet to react to the emergence of non-bank financial services providers. The FinTech industry has changed dramatically since then: Bitcoin has captured the public imagination and spawned new derivatives products, you can apply… Read More »

Can a Cryptocurrency Self-Regulatory Organization Work? Assessing Its Promise and Likely Challenges

By | June 21, 2018

The U.S. regulatory framework for cryptocurrency (including federal securities compliance,[1] spot exchange registration,[2] and new derivative product listings[3]) continues to slowly evolve as government agencies increase their familiarity with the technology and dissect its associated risks.[4]  Nevertheless, despite recent guidance statements issued by the Securities & Exchange Commission (SEC); the Commodity Futures Trading Commission (CFTC);… Read More »