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Financial Technology Law (FinTech)

Interest has increased tremendously over the past few years: venture capital investment and the number of blockchain-related patent applications are rising and more and more businesses are moving from testing minimal viable products to considering larger scale live deployments or investing heavily in order to develop their own proprietary blockchain software.

The key features of blockchain technology, such as the ability to record and store information on distributed databases, immutability and the ability to cut out intermediaries makes them attractive for industries as wide-ranging as financial services (e.g. assisting with post-trade reporting) to logistics (e.g. streamlining supply chain solutions by allowing multiple stakeholders to access the same database to track information on goods).  

However, the technology is still in its infancy and so it’s important to understand both the technical and legal issues so project sponsors can ask the right questions and make informed decisions.

In most cases, there are no easily recognizable regulations governing new technologies or innovative business models. Pre-existing regulations often hinder innovative business ideas to come to fruition or may create disproportionate and non-flexible obligations that may be completely irrelevant to a new innovative business model. This makes it necessary to either zigzag around the regulation or lobby for a change in the existing legislation.

However, the main task is to understand if there is legislation in place and, if so, how the legislation applies to the particular business model what to expect and perhaps if the current legislation favors some business models more than others.

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We work extensively with alternative trading systems, high frequency and algorithmic trading firms, digital investment advisers, data companies and other financial services innovators.

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