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Edited by Daniel Kraus, Thierry Obrist and Olivier Hari

The growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. Primarily, regulators must allow Blockchain technology to develop whilst also ensuring it is not being abused. This book addresses the challenges posed by various applications of Blockchain technology, such as cryptocurrencies, smart contracts and initial coin offerings, across different fields of law. Contributors explore whether the problems posed by Blockchain and its applications can be addressed within the present legal system or whether significant rethinking is required.
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Edited by Daniel Kraus, Thierry Obrist and Olivier Hari

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Edited by Daniel Kraus, Thierry Obrist and Olivier Hari

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Alexandra G. Balmer

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Regulating Financial Derivatives

Clearing and Central Counterparties

Alexandra G. Balmer

This book puts forward a holistic approach to post-crisis derivatives regulation, providing insight into how new regulation has dealt with the risk that OTC derivatives pose to financial stability. It discusses the implications that post crisis regulation has had on central counterparties and the risk associated with clearing of OTC derivatives. The author offers a novel solution to tackle the potential negative externalities from the failure of a central counterparty and identifies potential new risks arising from post crisis reforms.
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Edited by D. G. Smith and Andrew S. Gold

The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.
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Edited by D. G. Smith and Andrew S. Gold

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Edited by D. G. Smith and Andrew S. Gold

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Trish Keeper

The enactment of the Financial Markets Conduct Act 2013 (‘FMC Act’) marked a significant shift in the focus and objectives of New Zealand’s capital-raising laws. In contrast to the previous regime, where the predominant focus was investor protection through full disclosure, the FMC Act adopts a multi-participant perspective. In addition, the promotion of innovation and flexibility in financial markets is an express objective of the new regime. An illustration of this objective is that the FMC Act and associated regulations expressly permit equity crowdfunding in New Zealand. Any offer of equity securities to the public through or by a crowdfunding intermediary is an exception to the disclosure requirements for regulated offers of financial products set out in Part 3 of the FMC Act. The focus of crowdfunding regulation under the FMC Act is on the licensing of crowdfunding intermediaries, as any service provider who operates a crowdfunding platform must hold a market service licence issued by New Zealand’s Financial Markets Authority. This chapter reviews the licensing and operational requirements for crowdfunding intermediaries in New Zealand. The FMC Act and FMC Regulations place primary responsibility for managing the risks arising in equity crowdfunding on service providers, whose responsibilities include the selection of issuers and investor protection warnings for investors. The chapter also considers the adequacy of these measures. Keywords: • New Zealand crowdfunding regulation • New Zealand Financial Markets Conduct Act 2013 • New Zealand Financial Markets Authority • Crowdfunding Service Providers • Investor protection • Reporting requirements