Canadian Lawyer InHouse

January/February 2019

Legal news and trends for Canadian in-house counsel and c-suite executives

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37 CANADIANLAWYERMAG.COM/INHOUSE JANUARY/FEBRUARY 2019 BY LUIS MILLÁN The cryptic world of crypto-currency regulations H ong Kong has forged ahead. So, too, has Japan. A host of small countries and territories also have quickly moved forward, eager to roll out the welcome mat for nascent crypto-currency companies and projects searching for regulatory certainty. But most regulators around the world are still grappling over their next moves, even as they face growing calls — including by industry — for greater regulation of virtual currencies to bring an element of control to a market that has often been described as the "Wild West." A hands-off approach by policy-makers has been shelved after Bitcoin's spectacular surge caught the public imagination while the growing numbers of crypto-currencies in the market, too, have sparked concerns. There are nearly 2,100 crypto products available, and dozens more are launching every month. All told, the market capitalization of crypto assets was pegged recently at $230 billion, and trading volume has grown almost a hundred fold in the past two years and is now estimated at $15 billion annually, according to fi gures by the Bank of Canada. Most of the G20 countries, however, are unlikely to follow in the footsteps of Ber- muda, Gibraltar, Malta and Liechtenstein, all of which recently introduced friendly and liberal regulatory regimes to foster crypto havens. Concerns over the price vola- tility of crypto assets, security breaches, the absence of investor and consumer pro- tection and fears it could be used to launder money or fi nance terrorist activity loom large at G7 and G20 tables. But striking a balance between providing adequate investor and consumer protec- tion while imposing regulations that do not stifl e innovation in the burgeoning sector is proving to be daunting for regulators, a bind that Canada, too, faces as it carves Is it time for a co-ordinated international regulatory framework to deal with digital assets? I n d u s t r y S p o t l i g h t

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