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Latest articles tagged:

Framework

2910, 2018

Cryptoassets Taskforce: final report

|29 Oct 2018|Resources|

This report provides an overview of cryptoassets and the underlying technology, assesses the associated risks and potential benefits, and sets out the path forward with respect to regulation in the UK.

1203, 2018

IFRS: Accounting for crypto-assets

|12 Mar 2018|Resources|

This report aims to briefly introduce cryptocurrencies and other types of crypto-assets. Then, the authors consider their possible classification within the existing financial reporting framework as codified by the International Financial Reporting Standards (IFRS).

905, 2017

Hong Kong – Building Trust Using Distributed Ledger Technology

|9 May 2017|Resources|

This paper aims to explain briefly what DLT is, and indicate the technology’s transformative potential, describe what selected overseas jurisdictions have been doing to explore DLT, describe the present state of DLT exploration in Hong Kong, suggest an initial framework for Hong Kong to build up a DLT ecosystem and suggests potential DLT use-cases in Hong Kong for medium-term consideration. The paper takes its lead from the financial services implications of DLT – from which perspective DLT is a dimension of FinTech and also a digital currency. In that sense, blockchain strategy is one element of FinTech strategy. However, DLT has implications far beyond financial services, which the present paper also seeks to address.

2302, 2017

Distributed ledger in payment,clearing and settlement: An analytical framework

|23 Feb 2017|Resources|

The report provides an analytical framework for central banks and other authorities to review and analyse the use of distributed ledgers in payment, clearing and settlement activities. The main aim of the framework is to help understand the uses of DLT and, in doing so, identify both the opportunities and challenges associated with this technology in a critical part of the financial system.

712, 2016

A Securities Law Framework for Blockchain Tokens

|7 Dec 2016|Resources|

This document is a general guide for developers and users of tokens. Part 1 ​is designed to estimate how likely a particular token is to be a security under US federal securities law. Part 2​ sets out some best practices for crowdsales. Part 3​ is a detailed securities law analysis by Debevoise & Plimpton LLP.

602, 2016

Framework for Securities Regulation of Cryptocurrencies

|6 Feb 2016|Resources|

This report presents a framework for securities regulation of cryptocurrencies—e.g. Bitcoin and derivative projects or “alt-coins.” The framework is based on the Howey test for an investment contract as well as the underlying policy goals of securities regulation. We find that several key variables within the software of a cryptocurrency and the community that runs and maintains that software are indicative of investor or user risk. These variables are explained in depth and mapped to the four prongs of the Howey test in order to create a framework for determining when a cryptocurrency resembles a security and might therefore be regulated as such. We find that larger, more decentralized cryptocurrencies—e.g. Bitcoin— pegged cryptocurrencies—i.e. sidechains—as well as distributed computing platforms—e.g. Ethereum—do not easily fit the definition of a security and also do not present the sort of consumer risk best addressed through securities regulation. We do find, however, that some smaller, questionably marketed or designed cryptocurrencies may indeed fit that definition.

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