Blockchain

A truly digital economy

Authors: Max Ganado, Leonard Bonello
Published on March 2, 2018
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Practices: E-Money & Payment Services, Financial Markets Regulation, Prevention of Money Laundering
Not a day passes that social media feeds are not inundated with tons of posts relating to cryptocurrencies. Typically, the views are highly polarised, ranging from how individuals have become overnight millionaires by investing all their life savings into cryptocurrencies to comparisons with practically every major financial crash in the history of mankind and opinion posts of how cryptocurrencies could drop to zero at any time.

Blockchain and Smart Contracts – Disrupting or complementing the legal community?

Authors: Jens Buedinger, James Debono
Published on October 27, 2017
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Practices: E-Money & Payment Services, General Commercial & Contract Law, Intellectual Property & Telecoms, Media & Technology
Currently blockchain technologies are disrupting and revolutionizing various industries on a global level through the use of immutable public ledgers spread over a distributed network. The blockchain’s main disruptive element in today’s commercial and economic ecosystem is its ability to eliminate the (often taken for granted) necessity to trust intermediaries to certify a transaction.

GANADO Advocates featured in Bloomberg News on Blockchain and Securitisation

Authors: Nicholas Curmi
Published on June 12, 2018
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In an article entitled "Blockchain Comes to Asset-Backed Debt With First Bonds in Sight" published on 6 June 2018 on biglawbusiness.com, GANADO Advocates lawyer, Nicholas Curmi was interviewed alongside other securitisation specialists from global law firms Morgan, Lewis & Bockius LLP and DLA Piper, ahead of their panel discussion at the Global ABS 2018 conference, which focused on the potential for blockchain in the ABS space.

Legal Personality for Blockchains, DAOs and Smart Contracts

Authors: Max Ganado
Published on June 4, 2018
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Practices: E-Money & Payment Services, Financial Markets Regulation, Fintech & Blockchain
This paper was published in the Corporate Finance and Capital Markets Law Review No. 1 - 2018 and authored by Steve Tendon, Director at ChainStrategies, and Max Ganado, Senior Partner at GANADO Advocates.

To read/download the entire article, click on the link below.

Maltese Technology Foundations – Initial Thoughts on an Important Proposal

Authors: Max Ganado
Published on August 28, 2018
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Practices: Fintech & Blockchain, Trusts & Foundations
Executive Summary

Over the past year the Government of Malta has been fully supportive of initiatives taken in the blockchain space culminating in three Acts of Parliament which will come into effect in October 2018. The idea of extending legal personality to innovative technology arrangements has been under study since November 2017 and is the subject of planned legislation. Innovative technology arrangements, which are referred to in Maltese law as a combination of DLT and smart contracts, provide a context which is very similar to that of other operating assets which in the past were afforded legal powers and considered as legal persons to support them in achieving their declared purpose, addressing the important issues of legal capacity and liability, apart from other important issues. There are some disagreements on whether a centralised legal device is a good solution for decentralized technology. Some policy choices in support of legal certainty are also proposed, particularly limiting the benefits deriving from the concept of legal personality for innovative technology arrangements only to registered Maltese innovative technology foundations.

Snapshot Summary Of Three Bills Related to Blockchain Technology

Authors: GANADO Advocates Blockchain Team
Published on June 11, 2018
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Malta has lately garnered an even faster momentum in pushing forward its status as Blockchain Island. Effectively quenching start-ups’ craving for regulation, the Maltese Parliament is currently running through the second reading of three proposed bills, setting the stage for a robust and comprehensive principles-based regime.

The Financial Instrument Test under the Virtual Financial Assets Act, 2018

Authors: GANADO Advocates Blockchain Team
Published on June 18, 2018
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The thrust of the Bill providing for the Virtual Financial Assets Act (the VFAA) proposed by Government is to “regulate the field of initial virtual financial asset offerings and virtual financial assets (VFAs) and to make provision for matters ancillary or incidental thereto or connected therewith.”

VFA Agent – MFSA’s New Guard And Sentry

Authors: Leonard Bonello, James Debono
Published on September 20, 2018
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Practices: Fintech & Blockchain
The new legal and regulatory dimension of initial virtual financial asset offerings (VFAOs) which is shaping up in Malta seeks to unveil the legal uncertainty clouding the crypto market while safeguarding investors’ interests by mitigating the legal and platform risks therein.