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A Practical Guide to Smart Contracts and Blockchain Law, 2nd Edition
Industry leaders provide insightful analysis on the emerging legal issues and guidelines surrounding distributed ledger technology, Blockchain and smart contracts.
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Written as a practical guide, A Practical Guide to Smart Contracts and Blockchain Law, 2nd Edition is a valuable and accessible resource for anyone seeking to learn more about the trends, developments and legal landscape of Blockchain and other related financial technologies. The analysis of this evolving area is approached through an interdisciplinary lens that provides a holistic view of how emerging advances in Fintech law interact within new and existing legal frameworks.
The second edition examines a broad range of topics, including securities issues, tax considerations, business structuring, proceeds of crime and anti-money laundering, smart contracts, fundraising and social causes, security issues for cryptographic assets wallets, insolvency law and risk management for lawyers. Readers will benefit from:
- The expertise of industry leaders – Each chapter of the book is written by a professional at the forefront of Canada’s legal Fintech community
- A multidisciplinary approach – This is the only book on financial technologies offering an interdisciplinary view of how they affect other legal disciplines
- Practical guidance – This publication provides useful information that readers can readily apply to their legal practice or business
What’s New In This Edition
- Expanded coverage including Canada, USA, Offshore and International, examining jurisdictions which have become influential in the regulation of digital assets and blockchain related technologies
- New content on use cases such as DeFi and NFTs, as well as government use cases such as central bank digital currencies (“CBDCs”)
- Updated state of the law and new interpretations by regulators in response to the ongoing innovation which continues to raise novel legal issues and questions, and which make enforcement of law and regulations increasingly difficult
- Revised content from the first edition to reflect a more contemporary relevance
Who Should Read This Book
- Corporate lawyers who advise clients on compliance requirements and setting up best practices for dealing with financial technology laws and the impact it has on other disciplines such as tax or insurance
- Technology lawyers who need to understand developing financial technology laws
- In-house lawyers working with Blockchains who need to advise on legal and regulatory considerations surrounding Fintech topics of due diligence and insurance
- Accountants who must become familiar with the tax treatment of digital assets
- Investment advisors who must apprise themselves of a burgeoning new asset class
- Entrepreneurs and businesses in the technology sector, who must be familiar with the shifting commercial and regulatory landscape
Alexander Di Giovanni, Adam Vaziri, Alisha Butani, Amber D. Scott, Carol R. Van Cleef, Jay Tulsani, Justin Wales, Justin Cole, Kunal Parshotam, Matthew Rappard, Natalie Bravo, Paul Horbal, Pulat Yunusov, Raffael Mazze, Stephen Pederson
Table of contents
Introduction: Disrupting Conventional Wisdom
Chapter 1: Blockchain Securities Issues
§1.01. Securities Law Considerations for Blockchain/Digital Asset Offerings by Aaron Grinhaus
§1.02. Cryptocurrency and the Evolution of Securities Regulations on Blockchain Technologies by Justin Wales and Natalie Bravo
§1.03. Overview of the Proposed European Union Markets in Crypto Assets Regulations by Adam Vaziri and Aaron Grinhaus
§1.04. Crypto Assets in Regulatory and Civil Proceedings by Evan Thomas
§1.05. Airdrops, Token Bounties and Dividends: An Overview by Steve Parr, J.D. and Stephen Pederson, J.D.
Chapter 2: Indirect Tax Implications of Cryptocurrencies and Blockchain Technology
§2.01. United States Income and Excise Taxation of Virtual Currencies and Blockchain Assets by Alisha Butani
§2.02. Overview of the Taxation of Cryptocurrencies by Raffael Mazze and Kunal Parshotam
§2.03. Blockchain Business Structuring and Tax Considerations in Canada by Aaron Grinhaus
§2.04. Indirect Tax Implications of Cryptocurrencies and Blockchain Technology by Jay Tulsani
§2.05. Blockchain Business Structuring: Offshore Foundations and International Business Companies by Justin Cole
Chapter 3: Proceeds of Crime and Anti-Money Laundering Issues with Cryptographic Assets
§3.01. Introduction to Money Laundering, Terrorist Financing and Proliferation Financing by Amber D. Scott and Carol R. Van Cleef
§3.02. Setting the International Stage: FATF Guidance on ML, TF & PF
§3.03. Down the Rabbit Hole: FATF Guidance on Virtual Assets
§3.04. Canada: AML Legislation
§3.05. U.S.: Implementation and Enforcement
§3.06. Europe: Implementation and Enforcement
§3.07. U.K. Implementation and Enforcement
§3.08. Asia: Implementation and Enforcement
§3.09. The Evolving Landscape and Challenges
§3.10. Appendix: Acronyms
§3.11. Appendix: FATF Recommendations (Summary)
Chapter 4: The Law of Smart Contracts
§4.01. Introduction to Smart Contracts and the Law by Pulat Yunusov
§4.02. Smart Contracts 101 – From a Technical to a Legal Understanding by Perma Banigan, Matthew Rappard and Zachary Skeith
Chapter 5: Intellectual Property in Blockchain and Distributed Ledger Technology by Paul Horbal
§5.04. Industrial Design Rights
§5.06. NFTs – A Case Study in IP
Chapter 6: Estate Planning and Digital Assets by Aaron Grinhaus
§6.02. Digital Asset Succession Problems
§6.03. Estate Structuring For Digital Assets
Chapter 7: Security Issues for Cryptographic Asset Wallets by R. Travis Leppky and Guy Sadeh
§7.01. What Are Cryptocurrency Wallets and What Is Their Purpose?
§7.02. Security Issues Applicable to Wallets
§7.03. Security Issues Specific to Private Blockchain Networks
Chapter 8: Overview of Treatment of Cryptocurrency in Insolvency by Amy ter Haar
§8.01. Legal Interpretations of Insolvency Involving Cryptocurrencies
§8.02. Token Holder Protections and Valuations
§8.03. Conclusions on Insolvency Treatment of Cryptocurrencies
Chapter 9: Central Banks Digital Currencies
§9.01. Central Banks Digital Currencies (CBDC’s): Significance, Developments and Analysis relating to the implementation of a Digital Dollar by Alexander Di Giovanni
§9.02. Decentralized Finance using Blockchain Technology: Use Cases
Table of Cases
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