Latest Posts
Search for:
Category

FinTech

Category
In Financial Institutions

Digital Currencies and Digital Tokens are Regulated as Securities under Malaysian Securities Laws

by 2 Mins Read

Pursuant to the Capital Markets and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019 (the Prescription Order), which came into force on 15 January 2019, digital currencies and digital tokens which are not issued or guaranteed by any government body or central bank, and fulfils other specific features, are prescribed as securities.The implications of treating digital currencies and digital tokens as securities are significant as the Malaysian Capital Markets and Services Act…

In Financial Institutions

Recent developments in Italian case law cast doubt on the use of cryptocurrency in the corporate environment

by 2 Mins Read

Two recent decisions issued by an Italian Court of First Instance and, subsequently, by the Court of Appeal intervene in the debate around the qualification of cryptocurrencies as an asset or money that may be validly injected into a limited liability company’ s capital.Both decisions refer to the same question: can a company accept cryptocurrencies as a contribution in kind to the company’ s corporate capital? Both courts answered in the negative, however on different…

In Data Privacy

New Cyber Security obligations on Financial Institutions proposed by Bank Negara Malaysia

by 3 Mins Read

Given the increasing reliance of Financial Institutions (FIs) on technology and online systems and the increasing threat of cyber attacks, it is timely that the Bank Negara Malaysia (BNM) issued, on 4 September 2018, a set of minimum standards on technology risk and cybersecurity management by FIs in Malaysia – the Risk Management in Technology policy document (RMiT). The RMiT has been issued as an exposure draft which it is intended will come into force on…

In Blockchain

Litigating Smart Contract Disputes

by 2 Mins Read

The hype around blockchain and smart contracts is like nothing we have seen, possibly since the Internet. For a disputes lawyer, the technology raises twists on some historical issues such as personal jurisdiction and choice of law. Another issue — does the code that makes up smart contracts satisfy the statute of frauds?But smart contracts will also raise issues that courts have not had to deal with in connection with more traditional contracts. For example,…

In Financial Institutions

The Malaysian Central Bank issues policy document for digital currencies

by 2 Mins Read

Bank Negara Malaysia (BNM) issued the policy document on Anti-Money Laundering and Counter Financing of Terrorism for Digital Currencies (Policy Document). The Policy Document was issued on 27 February 2018 following a public consultation process in 2017.Overview of the Policy DocumentUnder the Malaysian Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), a “reporting institution” (RI) includes any person who provides services of exchanging digital currency for money (and vice versa) or…

In Data Privacy

Coincheck – the largest cryptocoin hack ever

by 4 Mins Read

Japanese cryptocurrency exchange CoinCheck confirmed on 26 January 2018 that it has been the victim of a massive hack, resulting in what would appear to be the largest cryptocoin theft of all time. In a press conference CoinCheck admitted that the current understanding was that the hackers had stolen around 523 million of the exchange’s NEM coins which, at the time of detection, were worth around $534 million. This would surpass the $400 million worth of…

In FinTech

e-KYC standards issued by Central Bank of Malaysia

by 3 Mins Read

On 5 September 2017, the Assistant Governor of the Central Bank of Malaysia (BNM) announced that BNM will issue regulatory parameters for the conduct of electronic know-your-customer (e-KYC) processes for remittance transactions.Following the announcement, on 30 November 2017, BNM issued a supplementary document (Supplementary Document) which supplements the policy document on Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) (Existing Policy Document). This will apply to remittance service providers licensed under the Money Services Business…

In Financial Institutions

Interoperable Credit Transfer Framework – Developments in Malaysia

by 3 Mins Read

On 7 December 2017, Bank Negara Malaysia (ie, the Central Bank of Malaysia) (BNM) issued an exposure draft of the Interoperable Credit Transfer Framework (Exposure Draft) to invite public and industry feedback on the proposed introduction of interoperable credit transfer services that leverage on a shared payment infrastructure in Malaysia. The Exposure Draft is part of BNM’s continuous efforts to migrate the nation towards the use of electronic payments. Through the proposed Interoperable Credit Transfer Framework…

In Data Privacy

IT Laws and Regulations in Myanmar: 5 Key Points to Consider

by 3 Mins Read

After decades of relative isolation, the regulatory framework in the Information Technology and Communications (ITC) space in Myanmar has remained fairly undeveloped amidst stellar business growth, particularly in Telecommunications. Nevertheless, there are some strict compliance points that ITC businesses must identify and address.To provide context, a recent report released by The Economist Corporate Network, sponsored by Baker McKenzie highlights that Myanmar had only “thousands” of sim cards prior to the reform period in 2013. This…

In Financial Institutions

The Rise of ICOs, Digital Tokens and Virtual Currencies – Do Securities Regulations Apply?

by 2 Mins Read

Globally, there is an emergence of initial coin (or token) offerings (“ICOs”) as a source of funding for startups and technology companies latching onto the digital token trends. The Singapore Business Times reported that based on information obtained from Tokendata.io, there were 34 ICO projects raising USD 665 million in July 2017 alone. Singapore has also seen its fair share of ICOs and digital tokens offering, ranging from property backed tokens to crowdfunding platforms for…

Load More