Bloomsbury Professional Law Insight Cryptocurrency In Matrimonial Finance
Bloomsbury Professional Law Insight Cryptocurrency In Matrimonial Finance Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Bloomsbury Professional Law Insight Cryptocurrency In Matrimonial Finance book. This book definitely worth reading, it is an incredibly well-written.
Bloomsbury Professional Law Insight - Cryptocurrency in Matrimonial Finance by Dean Armstrong KC,Marc Samuels Pdf
This book explores the specialist area of cryptocurrency in the context of matrimonial finance proceedings. The work is split into two parts. The first part provides a comprehensive primer on cryptocurrency and blockchain technology. It explains what cryptocurrencies are, how they are held by their owners, and how blockchain technology works. This part also considers the legal status and current regulatory treatment of cryptocurrency in England and Wales. The second part provides an overview of financial remedies and the distributive principles applied by the Family Court in matrimonial finance cases. It analyses the current case law on cryptocurrencies as a variety of 'property', before exploring issues that practitioners may face when encountering crypto-assets in litigation. This includes the challenges of valuing, tracing, and freezing cryptocurrency, as well as disclosure considerations. The work includes an overview of the principles relating to 'self-help' disclosure and associated criminal offences pursuant to the Computer Misuse Act 1990 and the Data Protection Act 2018. It also contains a summary of HMRC's current guidance on the taxation of crypto-assets for individuals. This title is included in Bloomsbury Professional's Family Law and Cyber Law online services.
Blockchain and Cryptocurrency: International Legal and Regulatory Challenges by Dean Armstrong QC,Dan Hyde,Sam Thomas Pdf
Providing a comprehensive explanation of blockchain, cryptocurrency and the international regulation and challenges that apply, this book introduces the reader to the core topics, including: global regulation of blockchain and cryptoassets; the Internet of Things; the Right to be Forgotten and the right to erasure; environmental, social and governance metrics; smart contracts; initial coin offerings; data protection regulation; Decentralised Autonomous Organisations ('DAOs') and the Metaverse. Written by leading UK experts in cyber law, the Second Edition includes: - fungible and non-fungible cryptoassets ('NFTs') - remedy and tracing strategies - financial hygiene requirements that flow from anti-money laundering - counter-terrorist financing regulations. Explaining the fundamentals of blockchain and cryptocurrency in an accessible and understandable way, and sparking new thinking about how old problems can be solved in new ways, this book is essential reading for anyone wishing to have a wider understanding of this complex and evolving area of law.
Bloomsbury Professional Tax Insight - Cryptocurrency and Blockchain by Ben Symons Pdf
Developments in the world of blockchain and crypto-currency move fast and much has changed since HMRC's original guidance on the subject of crypto currency published in 2014. In that original guidance there was a suggestion that dealing in crypto-currency was so risky that it could be compared to gambling and therefore outside the scope of taxation. However, the revised guidance issued in December 2018 has definitely moved away from that stance and individuals holding or intending to hold crypto-currency and their advisors need to be aware of the current taxation rules. Further guidance from HMRC on the tax treatment of crypto-assets for businesss and companies is expected soon. This book provides a background to the development of bitcoin and the application of blockchain technology and then looks at the income tax, capital gains tax and IHT treatment of any crypto-currency. Worked examples and flowcharts/diagrams will be used where relevant to illustrate key concepts. Crypto-currencies are increasingly being used globally and are more regulated in some territories. The bulletin will also deal with non-resident investors, and offshore crypto-currency funds and tax avoidance.
1KBW on Trusts in Matrimonial Finance Proceedings by Richard Harrison KC,Harry Oliver,Laura Moys,Charlotte Hartley,Thomas Dance,Max Turnell Pdf
Are you working with trust assets and interests in the context of matrimonial and family finance disputes? A comprehensive guide to issues frequently arising in English matrimonial finance cases, where one or both spouses has an interest in, or access to, trust assets. Key topics covered include: Jurisdiction Service and joinder Nuptial settlements Trusts as resources Enforcement Chapters summarise the key principles of English family finance and trust principles through diagrams, flowcharts and tables, alongside clear narrative, to ensure the more technical information is intelligible yet authoritative. An indispensable tool kit for English practitioners and judges working in the field of family finance, as well as those practising in other jurisdictions looking for an accessible guide to the English matrimonial arena. It also contains vital information for trust and corporate lawyers encountering matrimonial disputes when trustees are joined or otherwise intervene in family cases.
Cyber Risks and Insurance: The Legal Principles by Dean Armstrong KC,Thomas Steward,Shyam Thakerar Pdf
Full of tips, case studies, tables and checklists this new title sets out the parameters of liability in respect of potential and actual cyber insurance claims and examines the significant areas where such claims will have the greatest impact. Covering First and Third party insurance, it provides the answers to questions such as: What is the extent to which a data breach can be protected or mitigated against by having suitable insurance in place? How does having insurance interplay with obligations under the GDPR? To what extent can insurance be used to safeguard driverless cars, drones and other AI-machines? How can insurance companies assist when hackers hold companies to ransom after stealing data? How can insurance assist with smart contracts on the blockchain and for potential coding errors? How can insurance mitigate against the hacking of online systems of manned ships?
Cyber Litigation: The Legal Principles by Dean Armstrong KC,Fergus McCombie,Ceri Davis Pdf
Cyber Litigation: The Legal Principles brings together the existing legal principles in this rapidly developing area of law whilst at the same time considering the latest challenges facing practitioners and corporate advisers. The authors have surveyed the legal landscape to identify bespoke approaches to the issues involved. The book looks at the most common causes of action in cyber litigation, including 'cybercrime', IP, data protection breaches, and conflict of laws considerations. It analyses the situations where cyber-related litigation requires a new approach and looks at the remedies available. It covers cyber litigation and regulatory enforcement action, as well as alternatives to litigation such as the NCA Prevent scheme, Deferred Prosecution Agreements and Civil Recovery. It describes situations where arbitration or mediation are mandated, as well as online dispute resolution and technology powered alternatives to traditional determination. Readers will benefit from the use of flowcharts, tables, checklists and case studies to provide a clear understanding of the processes involved, as well as legal analysis of significant cases, an insight into what constitutes 'data', and legal analysis and commentary on potential legal arguments that may arise in cyber litigation. Cyber Litigation: The Legal Principles is an essential title for all practitioners involved in commercial disputes, information technology professionals, data protection officers, compliance staff and technologists with a legal interest.
1KBW on Trusts in Matrimonial Finance Proceedings by Richard Harrison,Harry Oliver,Laura Moys,Charlotte Hartley,Thomas Dance,Max Turnell Pdf
"Are you working with trust assets and interests in the context of matrimonial and family finance disputes? A comprehensive guide to issues frequently arising in English matrimonial finance cases, where one or both spouses has an interest in, or access to, trust assets. Key topics covered include: Jurisdiction Service and joinder Nuptial settlements Trusts as resources Enforcement Chapters summarise the key principles of English family finance and trust principles through diagrams, flowcharts and tables, alongside clear narrative, to ensure the more technical information is intelligible yet authoritative. An indispensable tool kit for English practitioners and judges working in the field of family finance, as well as those practising in other jurisdictions looking for an accessible guide to the English matrimonial arena. It also contains vital information for trust and corporate lawyers encountering matrimonial disputes when trustees are joined or otherwise intervene in family cases."--Bloomsbury Publishing.
Regulating the Crypto Economy by Iris H-Y Chiu Pdf
This book focuses on the building of a crypto economy as an alternative economic space and discusses how the crypto economy should be governed. The crypto economy is examined in its productive and financialised aspects, in order to distil the need for governance in this economic space. The author argues that it is imperative for regulatory policy to develop the economic governance of the blockchain-based business model, in order to facilitate economic mobilisation and wealth creation. The regulatory framework should cater for a new and unique enterprise organisational law and the fund-raising and financing of blockchain-based development projects. Such a regulatory framework is crucially enabling in nature and consistent with the tenets of regulatory capitalism. Further, the book acknowledges the rising importance of private monetary orders in the crypto economy and native payment systems that do not rely on conventional institutions for value transfer. A regulatory blueprint is proposed for governing such monetary orders as 'commons' governance. The rise of Decentralised Finance and other financial innovations in the crypto economy are also discussed, and the book suggests a framework for regulatory consideration in this dynamic landscape in order to meet a balance of public interest objectives and private interests. By setting out a reform agenda in relation to economic and financial governance in the crypto economy, this forward-looking work argues for the extension of 'regulatory capitalism' to this perceived 'wild west' of an alternative economic space. It advances the message that an innovative regulatory agenda is needed to account for the economically disruptive and technologically transformative developments brought about by the crypto economy.
Financial Abuse of Older Clients: Law, Practice and Prevention by Ann Stanyer Pdf
As the only practitioner title with detailed practical guidance and advice in this area, this is a comprehensive work written by a private client solicitor who has 30 years' experience of practice, and is a regular speaker at conferences on the subject. No professional faced with this ever-increasing area of law, should be without it. It enables solicitors and other professionals to be more proactive in protecting their older clients. It describes the rise in financial abuse, explains how to spot warning signs, provides awareness of various elements of legal protection and demonstrates that change is needed in the current system. Topics covered include: - Financial abuse issues for care homes (new to this edition) - Grooming for financial abuse (new to this edition) - Who is vulnerable to financial abuse? - Who are the perpetrators and why? - The forms financial abuse takes - How to prevent financial abuse The Second Edition also includes: - Statistics showing the prevalence of financial abuse - Commentary on recent case law, legislation and industry reports including: - Section 76 of the Serious Crime Act 2015 – coercive control legislation - Banking and financial services - Review of HMLR protections for property owners - Review of all OPG and COP recent guidance and practice notes - Updated information about care allowance rules - Case law on retrospective approval of gifts - Discussion of a deputy's authority to litigate It also covers cases with issues particular to jurisdictions such as the Republic of Ireland, USA, Scotland, Wales and Northern Ireland.
Cryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.
Cyber Risks and Insurance: The Legal Principles by Dean Armstrong KC,Thomas Steward,Shyam Thakerar Pdf
Full of tips, case studies, tables and checklists this new title sets out the parameters of liability in respect of potential and actual cyber insurance claims and examines the significant areas where such claims will have the greatest impact. Covering First and Third party insurance, it provides the answers to questions such as: What is the extent to which a data breach can be protected or mitigated against by having suitable insurance in place? How does having insurance interplay with obligations under the GDPR? To what extent can insurance be used to safeguard driverless cars, drones and other AI-machines? How can insurance companies assist when hackers hold companies to ransom after stealing data? How can insurance assist with smart contracts on the blockchain and for potential coding errors? How can insurance mitigate against the hacking of online systems of manned ships?
Crypto-assets global corporate finance transactions by Massimiliano Caruso Pdf
The rise of crypto-assets and crypto-assets corporate finance transactions – like Initial Coin Offerings, Security Token Offerings, Initial Exchange Offerings, and respective variants – are disrupting the way companies raise funds. At the same time the sudden rise of crypto finance transactions has created unprecedented challenges for regulators, financial market authorities, corporate finance lawyers and professionals. Crypto-assets corporate finance transactions are essentially borderless, global and interconnected. Their borderless nature was the core inspiration of this work. This book, indeed, is an attempt to address to a comparative and functional analysis of crypto-assets corporate finance transactions. I believe it’s neutral, international, functional and short. It’s neutral because while it’s true that the variety of crypto-assets necessitates a case-by-case analysis, it’s unquestionable that some types and hybrid forms of crypto-assets fall within existing securities laws and regulations. Securities offerings, however, are highly regulated in most developed jurisdictions, while, by contrast, the rapid rise of these crypto-assets corporate finance transactions is very likely nothing else than a mere market response to overregulation. It has to be noted that: (i) regulations should be technologically neutral, and in order to become so, address the actors and not the products themselves; (ii) far too often (non-accredited, non-qualified, non-sophisticated) investors are denied the opportunity to invest in new and promising technologies and in new companies — all which undermine productive capital formation and economic growth; (iii) crypto finance transactions are part of a self-contained system and this unique context requires to carefully weigh competing goals – protecting investors (that can lead to a larger and healthier crypto finance environment) while promoting capital raising and economic liberty. This is why these crypto-assets should be treated as a new type of asset whose use – currently falling within existing regulations – should be governed by new and ad hoc regulations, above all in the securities field, in order not to disregard their unique operational and technological features. Existing securities rules and best practices are frequently nonsensical or even counterproductive in the context of many crypto finance transactions. Regulation is certainly necessary to allow crypto-assets and crypto- assets corporate finance transactions to achieve their potential, but the regulatory system should have an appropriate balance and a high degree of clarity. I believe, however, optimal regulatory structures will emerge and converge over time. The final part of the book, then, sketches some proposals for regulators – based on a weighted approach – that, if adopted, would enhance legal certainty and seek to balance support for innovation and investor protection. It’s international because it contains summary information on the securities law regimes in Australia, Brazil, Canada, China, EU / EAA (Austria, France, Germany, Ireland, Italy, Luxemburg, Netherlands, Norway, United Kingdom), Hong Kong, India, Israel, Japan, Nigeria, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Switzerland, United Arab Emirates, United States, including the principal prospectus exemptions and private placements rules in each jurisdiction. Securities offerings are highly regulated and significant civil and criminal penalties can be incurred as a result of offerings which are not authorized by the relevant authorities or compliant with the applicable securities regime. There are good reasons why similar measures have arisen in the wider corporate world over time – to ensure a sustainable ecosystem with resources directed at better quality projects, to ensure that bad actors are (to the extent possible) eliminated, and to ensure that legal and professional risks are mitigated by a better balance between the interests of all stakeholders. This is why crypto-assets corporate finance transactions falling within existing securities laws and regulations can’t be conducted assuming the law doesn’t exist – in the meantime specific regulations arise. Also, while the lack of widely accepted global standards has led to a great deal of regulatory arbitrage, as crypto-assets issuers shop for jurisdictions with the lightest touch (or no touch), I believe they should not attempt to flee from regulation. By contrast, they should talk with financial market authorities. It’s functional because with regard to crypto-assets with real intrinsic usage (non- speculative crypto-assets) this book discusses how a proactive self-regulation, ethical human behaviors, rigorous due diligence, improved governance, disclosure, investors protection and accountability measures could be applied to lead to better quality Initial Coin Offerings, a more sustainable fundraising environment for all the parties involved and mitigate risks due to regulatory uncertainty. At the same I propose (and encourage the adoption of) a Corporate Crypto Conduct Code for businesses in this space. It’s short because my project in writing this book is to give a quick framework for understanding the most important securities law regimes. This book is not intended to be an exhaustive guide to the regulation of crypto-assets corporate finance transaction globally or in any of the included jurisdictions. Instead, for each jurisdiction, I have endeavored to provide a sufficient overview for the reader to understand the current legal and regulatory environment. I hope that it remains short enough to attract the readers I would like to reach: (i) my colleagues in international business and corporate law and related legal fields (who can start from these frameworks to make a more detailed analysis of the securities laws in the core jurisdictions summarized in this book); (ii) regulators and lawmakers (with the hope they will find this book a helpful guide to develop new strategies, policies and regulations); (iii) crypto-assets issuers (with the hope they understand the importance of being compliant with the law – even if and when, on the spot, it seems economically irrational – and the reasons why the current measures have arisen in the wider corporate world over time).
Forced Marriage Law and Practice by Joshua Hitchens,Niamh Daly Pdf
Longlisted for the 2022 Inner Temple New Authors Award “an impressive book... a pleasurable and, at times, compelling read... an ambitious project, but...skilfully realised” The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution. The book is divided into five parts which look at: - The definition of forced marriage, setting out the law and types of forced marriage in seven sections: prevention; punishment; remedies following a forced marriage; forced marriage and human rights; honour-based forced marriage; forced marriage involving vulnerable individuals and those lacking capacity; and organised exploitation and marriage for immigration purposes. - The law and procedure in the family jurisdiction, including both matrimonial and protective remedies - The procedure and relevant law for bringing and defending forced marriage related prosecutions in the criminal jurisdiction - The law, procedure and relevance of Court of Protection proceedings - Matters of best practice Forced Marriage Law and Practice helps the reader to access the relevant law, and includes summaries of applicable law (both international and domestic), all in one text, facilitating a holistic approach to cases of forced marriage. This is an essential title for family, crime and Court of Protection practitioners, as well as for other legal advisers and representatives, CPS lawyers, local authorities, human rights organisations, charities, students and academics.
Legal Aspects of Cryptocurrency in the UK by Blake O'Donnell Pdf
Covering all topics related to cryptocurrency, including its definition, regulatory issues, and taxation, this is a comprehensive guide to the legal framework surrounding cryptocurrency in the UK. The book provides an introduction to cryptocurrency and its background, explaining the technology behind it, the different types of cryptocurrency, and how it is used in the UK. It focuses on regulatory issues related to cryptocurrency, including the various laws and regulations that govern its use and the challenges that arise due to its decentralised nature. It discusses the taxation of cryptocurrency in the UK, including the rules for capital gains tax and income tax, as well as addressing the challenges that arise when dealing with cryptocurrency taxation due to the anonymity of users and the difficulty of tracking transactions. Covering other legal issues related to cryptocurrency, such as its use in money laundering and terrorist financing, it also analyses the legal challenges that arise when dealing with disputes related to cryptocurrency, such as theft or fraud. This is an essential resource for legal practitioners, policymakers, and academics interested in understanding the legal framework surrounding cryptocurrency in the UK.
