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  • Corporate Finance
  • Financial Regulation
29 Sep 2021
1 min to read

Regulating Sustainable Finance in the Dark

Dirk A. Zetzsche | Linn Anker-Sørensen

In our new article (forthcoming in the European Business & Organization Law Review) we analyze the (revised) EU strategy on sustainable finance announced in two steps in April and July 2021. We...

OBLB categories

  • Financial Regulation
28 Sep 2021
4 min to read

India’s Ban on ‘System Providers’: Prioritizing Payment Data Localization

Kalindhi Bhatia

The Reserve Bank of India (‘RBI’) first issued payments data localization-related sanctions in April 2021, restricting American Express and Diners Club from adding new customers for six months with...

OBLB categories

  • Financial Regulation
27 Sep 2021
2 min to read

Digital Platforms: A New Source of Financial System Interconnectedness

Elisabeth Noble

Financial institutions are increasingly relying on digital platforms as a means to market and distribute their products and services to customers, in line with the broader trend towards the...

OBLB categories

  • Financial Regulation
09 Jun 2021
2 min to read

Wirecard and Greensill Scandals Confirm Dangers of Mixing Banking and Commerce

Arthur E. Wilmarth Jr.

The pandemic crisis has accelerated the entry of financial technology (‘fintech’) firms into the banking industry. Some of the new fintech banks are owned or controlled by commercial enterprises. As...

OBLB categories

  • Corporate Finance
  • Corporate Governance
  • Financial Regulation
12 May 2021
2 min to read

The Role of ‘Expert Reviewers’ in Private Capital Markets

Reena Aggarwal | Kathleen Hanley | Xiaofei Zhao

Investors rely on information produced by intermediaries such as research analysts and auditors, or other legal sources such as company regulatory filings to obtain knowledge about offerings in...

OBLB categories

  • COVID-19
  • Commercial Law
  • Financial Regulation
10 Dec 2020
5 min to read

Cybersecurity Breaches and the Financial Sector: Revitalising the Proposal for a CERT-Fin in India

Sohini Banerjee | KS Roshan Menon

In its Financial Stability Report for the year, the Reserve Bank of India cautioned that there ‘is no room for complacency on cyber security’. The central bank’s warning is timely. The Indian...

OBLB categories

  • Corporate Governance
  • Financial Regulation
09 Dec 2020
3 min to read

Sustainable Finance and Fintech: A Preliminary Assessment of ‘Green FinTech’

Eugenia Macchiavello | Michele Siri

The EU’s Fintech Action Plan (more recently, the Digital Finance Strategy) and the Sustainable Finance Action Plan represent important pillars of the current European policy agenda. While the two...

OBLB categories

  • Financial Regulation
04 Dec 2020
3 min to read

A Regulatory Roadmap for Financial Innovation

Cristie Ford

Private sector innovation—whether it is fintech, biotechnology, the platformisation of the economy, or other developments—seems, over and over, to be catching regulators by surprise. Financial...

OBLB categories

  • Financial Regulation
24 Nov 2020
3 min to read

Fintech and International Financial Regulation

Yesha Yadav

The shock suspension by Chinese regulators of Ant Financial’s $37 billion initial public offering points to a tougher and more complex compliance environment for fintech firms going forward. As Ant...

OBLB categories

  • Financial Regulation
23 Oct 2020
4 min to read

Adapting India’s Regulatory Framework to Digital-only Banks: A Case for Reform

Shehnaz Ahmed | Krittika Chavaly

Fintech’s reach has been steadily expanding India, with a proliferation of intermediaries, particularly in the payments and lending spheres. While not wholly devoid of activity, the digital banking...

OBLB categories

  • Financial Regulation
22 Oct 2020
6 min to read

The Architecture of Decentralised Finance Platforms in the Post COVID-19 Era — A New Open Finance Paradigm

Emilios Avgouleas | Aggelos Kiayias

During the COVID-19 pandemic a new consensus has emerged which castigates modern finance for its preponderance towards creation of excessive leverage and asset bubbles due to excessive borrowing,...

OBLB categories

  • Corporate Finance
  • Financial Regulation
21 Oct 2020
10 min to read

Big Fish in a Big Pond: Exploring Some Novel and Some Familiar Legal Issues Posed by DeFi and Sushiswap – Part B

Joon Kim

Part A of this post offered a high-level overview of DeFi by focusing on one particular DeFi project, Sushiswap. In this Part B, the post will explore legal and compliance considerations that are...
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OBLB categories

  • Corporate Finance
  • Financial Regulation
20 Oct 2020
9 min to read

Big Fish in a Big Pond: Exploring Some Novel and Some Familiar Legal Issues Posed by DeFi and Sushiswap – Part A

Joon Kim

Decentralized finance (‘DeFi’) has become a major use case for blockchains over the past several months. Users have loaded billions of dollars onto DeFi platforms, causing the secondary market prices...

OBLB categories

  • Financial Regulation
21 Sep 2020
6 min to read

The Next Generation of Financial Conglomerates

Elisabeth Noble

The structure of the EU financial services sector is changing as firms, including so-called BigTechs, increasingly leverage access to data and analytical capability, and innovative technologies to...

OBLB categories

  • Corporate Finance
  • Financial Regulation
07 Aug 2020
5 min to read

The Regulation on European Crowdfunding Service Providers for Business is Close to Formal Adoption: What Now?

Eugenia Macchiavello

The European Commission has been looking at crowdfunding as an important alternative source of funding for SMEs (as part of its Capital Markets Union program and FinTech Action Plan) and has...

OBLB categories

  • Financial Regulation
06 Aug 2020
5 min to read

Regulating to Escape Regulation: The Sandbox Approach

Poornima Advani

The Securities and Exchange Board of India (SEBI) cleared a proposal to establish a regulatory sandbox for registered entities, joining its sister financial regulators, the Reserve Bank of India (RBI...

OBLB categories

  • Financial Regulation
22 Jul 2020
3 min to read

Fintech Startups and Incumbent Players Series - Why Regulating Fintech Requires a Fundamental Shift in How We Regulate Finance

Saule Omarova

The rise of fintech in the last decade is often described as a ‘revolution’ in finance. It is not hard to see why that is. New digital technologies and advances in data analytics are transforming the...

OBLB categories

  • COVID-19
  • Financial Regulation
16 Jul 2020
3 min to read

After Libra, the Digital Yuan and COVID-19: Central Bank Digital Currencies and the New World of Money and Payment Systems

Douglas W. Arner | Ross Buckley | Dirk A. Zetzsche | Anton Didenko

Three catalysts are currently causing a fundamental reorientation of domestic and international monetary and payment systems: Facebook’s Libra, China’s central bank digital currency (the Digital...
Featured

OBLB categories

  • Financial Regulation
08 Jul 2020
2 min to read

Fintech Startups and Incumbent Players Series - Bank-Fintech Partnerships, Outsourcing Arrangements, and the Case for a Mentorship Regime

Luca Enriques, Faculty of Law | Wolf-Georg Ringe, Faculty of Law

Fintech firms, once perceived as ‘disruptors’ of the traditional banking industry, are now increasingly seen as attractive partners for established financial institutions. Partnership arrangements...

OBLB categories

  • Financial Regulation
21 May 2020
3 min to read

Fintech Startups and Incumbent Players Series - Pro-competitive regulation and consumer inertia in the face of Open Banking

Oscar Borgogno | Giuseppe Colangelo

The increasing pace of FinTech development has triggered a worldwide race among policy makers to overhaul their own regulatory landscape in order to be as innovation friendly as possible...

OBLB categories

  • COVID-19
  • Commercial Law
  • Financial Regulation
15 May 2020
4 min to read

Covid-19 and Central Bank Digital Currencies: In Code We Trust?

Camilo Martin Muriel-Bedoya

‘Sorry, we are cashless’ was already a common phrase before the pandemic started and not limited to hipster baristas in New York City or London anymore. As the Covid-19 black swan continues shaking...

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