Smart Contracts

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.

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.

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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.