(Law360) Expert Analysis: On The Eve Of A Blockchain Revolution

Blockchain technology is front and center of the fintech revolution enveloping financial services. Its flexibility, and potential to solve so many current  transactional conundrums, is what makes it so exciting. Information has traditionally been stored by individual organizations using secure servers only  they can access. This has the effect of hiding transactions from other participants in a process,  unless they are given access to that siloed information. This is true of all industries, whether that’s a supply chain of goods being shipped around the world, the creation and sharing of patient  records in a hospital network or financial transactions in a banking system.

Blockchain platforms are built using distributed ledger technology (DLT) which is able to  facilitate and automate transactions transparently, while reducing operational inefficiencies and  errors that often occur with siloed systems. This new decentralized way of storing and processing  information, while making it accessible to all permissioned participants, is the essence of  commercial blockchain technology. The way the information is stored in blocks and checked multiple  times by different nodes (processors) in the chain, also makes it incorruptible and unhackable.

Transparency, incorruptibility and efficiency are three big reasons why blockchain is so sought  after by financial services organisations. There are huge cost savings to be made in the realms of  cybersecurity and transactional accuracy, as well as reputational and efficiency gains. Many of the  largest banks, fund managers, clearing houses, payment providers and stock exchanges are already  pouring large amounts of research and development money into leveraging the technology for their  own use.

As an example, the London Stock Exchange Group (LSE) is partnering with IBM (a leader in blockchain  technology) to digitize the issuance of securities for its small and medium-sized enterprise  clients in Europe. A blockchain platform will simplify the tracking and management of shareholding  information, creating a transparent distributed shared registry containing a record of all  shareholder transactions. This should open up new opportunities for trading and investing,  replacing the paper trading certificates that are commonly issued to private companies today.

Transparency and incorruptibility are also the motivations behind another IBM collaboration, this  time with a group of large banks (including Deutsche Bank and HSBC). They are in the early stages  of a proof of concept (PoC) know your customer (KYC) platform. It is essentially a secure,  decentralized method for banks to collect, validate, store, share and update trusted KYC  information. This replaces the current siloed system, where the same information is replicated many  times throughout different institutions. The technology is scalable, meaning the platform could be expanded to regulators and other financial institutions.

Elsewhere, Luxembourg, a European leader in the fintech space, has a not-for-profit foundation  called the Luxembourg House of Financial Technology (LHoFT). It is a kind of incubator for start-up  FinTech companies, designed to connect entrepreneurs with established financial services businesses. The aim is to use blockchain technology to develop viable real world solutions.

One initiative that has come out of LHoFT is FundsDLT, a blockchain-based digital fund distribution  platform for asset managers launched by Fundsquare (the Luxembourg Stock Exchange’s fund services  subsidiary), InTech (a subsidiary of the Post Group) and KPMG Luxembourg. FundsDLT intends to  streamline a range of fund administration and order-routing tasks by using blockchain to automate  several processes in a secure manner. It uses DLT to connect transfer agents, payment systems and  investors, dramatically improving efficiency.

The reviews of blockchain technology are not all positive however, as made clear by a recent  statement from the Dutch Central Bank (DNB), following extensive testing of their own blockchain.

Rob Koopmans, an IR Global member and Dutch commercial lawyer, works with Rabobank in Amsterdam and  is close to this development.

He commented: “The results of the study confirmed that the technology is not yet mature enough to  play a central role in payment traffic, because it is currently unsustainable in terms of energy  and too slow; allowing too few transactions per second. It is an exciting technology though that should become more efficient, just look at what happened to the mobile phone.”

The pace of development in the fintech space is so significant though, that this required  efficiency is likely to come soon. Blockchain technology is already beginning to stretch existing  legislative and regulatory frameworks, through a range of new concepts such as smart contracts,  initial coin offerings (ICOs), decentralized autonomous organizations (DAOs) and crypto wallets.

Smart contracts are essential for blockchain to operate, and are integral to all the examples given  in this article. They are programs designed to automatically execute against the coded parameters  (clauses) of a contract agreed between two parties. Many existing users of smart contracts operate  under the “code is law” philosophy, meaning that if the code allows an act not originally  contemplated by the parties, it is not a breach.

Marcus Van Bevern, an IR Global member and commercial lawyer with KZFK & Partners in Munich,  Germany, believes this presents a serious problem that financial supervisory bodies must address  before blockchain technology can become mainstream.

He commented: “A hacker recently used a gap in a smart contract issued by a DAO, and was able to  transfer USD40-60 million in cryptocurrencies to his own e-wallet. In his opinion, he did not act  illegally as he acted within the terms of the code. In our view, this attitude is typical of the  position many individuals and corporates adopt in the FinTech sector, following the ‘code is law’  philosophy. This is not in compliance with German law and destroys people’s trust in smart  contracts.”

As this ICO was not covered by any financial supervisory body, it was resolved internally within  the blockchain community. The U.S. Securities and Exchange Commission has since ruled that the tokens sold during ICO transactions qualify as securities and fall under their regulatory remit; something that hasn’t happened in the U.K. or Europe yet, but could affect the fundraising capabilities of  future blockchain developers.

The conclusion must be that blockchain technology holds great potential to revolutionize the  financial services industry, although it is not there yet. More work needs to be done across  development and regulation to win the full trust of the wider financial sector. Ross Nicholls is a business development director at IR Global in the United Kingdom.

DISCLOSURE: The author of this article is affiliated with IR Global, as are the attorneys quoted in
this article.

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Article shared from:  https://www.law360.co.uk/financial-services-uk/articles/1010386/on-the-eve-of-a-blockchain-revolution