Does Fintech Require Innovation or Recrystallization of Traditional Legal Framework? · 2019. 5....
Transcript of Does Fintech Require Innovation or Recrystallization of Traditional Legal Framework? · 2019. 5....
Much Ado About Fintech: Does Fintech Require Innovation or Recrystallization of Traditional Legal Framework?Akira Tokutsu (Tohoku University) March 8, 2019 New Delhi9th ICRIER-PRI WorkshopGlobal Economic Trends and India-Japan Economic Partnership
Have you heard Fintech?
0
116
284
526
263
By 2014 2015 2016 2017 2018(~July)
the Number of articles of Fintech at NIKKEIthe # of articles
What is “Fintech?”
What is “Fintech?”No Clear Definition
• Peer-to-Peer Lending/ Crowdfunding
• Cryptocurrency (Bitcoin)
• Blockchain (Securities Settlement; Trade Finance)
• AI/ Robo-Advisor
• Big Data/ InsuTech
Mobilization
Mobilization• Traditional financial institutionsʼ services with smartphone
1. Banking
2. Brokerage
3. Insurance
• Unbundling and a new Bundling
Does fintech require the “innovation” of legal framework?
Bank
deposit
payment
Securities Insurance
Life Insurance
Non-Life Insurance
US Financial Regulation
Bank
OCC
FRB
State
Securities
SEC
Derivatives
CFTC
Insurance
State
Hong Kong Financial Regulators
Bank
Hong Kong MA
Securities
SFC
Insurance
Insurance Authority
Does Fintech Require Innovation, Destory of Traditional Framework?
Banking Regulation
•Deposit•Payment
Systemic Risk
Payment•Fintech Startup companies
Innovation or Recrystallization?
Checking the purpose and the effect of each current financial regulation
Applying regulation to Fintech companies according to their “unbundling” or a new bundling business
Harmonization of financial regulation??
Harmonization of Private Law can help Recrystallization• Unclear of Digital Asset and Record in Bankruptcy
- Bankruptcy Remoteness- Systemic Risk
↑
• Model Law on Electronic Transferable Records (2017)
• Financial Regulation assumes Private Law