The Law of Digital Payments
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Description
Equips legal professionals and stakeholders with a clear, authoritative, and practical guide to the UK legal treatment of digital payments and tokenised assets.
The Law of Digital Payments explores the evolving landscape of UK financial law as it adapts to innovations in digital finance. With fintech disrupting traditional models of value exchange, legal professionals must navigate complex regulatory challenges concerning digital wallets, open banking APIs, smart contracts, decentralised finance (DeFi), and the treatment of tokenised assets under common law.
This work delves into how UK courts and regulators are addressing these innovations. It provides clarity on the current legal treatment of payment tokens, security tokens, cryptoassets and non-fungible tokens (NFTs). It also investigates the impact of the Financial Services and Markets Act 2023, the Bank of England's stance on central bank digital currencies (CBDCs), and how the Payment Services Regulations and E-Money Regulations are applied to innovative business models.
Drawing upon regulatory guidance, case law, and international developments, the book is designed to help practitioners, regulators, academics, and financial institutions understand and navigate the complex intersection of law and digital finance.
This title is included in Bloomsbury Professional's Banking and Finance Law online service.
Table of Contents
1. Introduction: Framework and Scope
2. Payment
3. Money, Legal Tender and Foreign-Currency Obligations
4. The Regulatory Framework and the Payments Perimeter
Part II – The Payment Obligation and its Discharge
5. Funds Transfers
6. Card Based Payments
7. Electronic Payment Instruments, Authentication and Unauthorised Transactions
8. Open Banking, Payment Initiation and Access
9. Digital Wallets and Peer-to-Peer Payment
10. Recovery of Payments and Misdirected Funds
Part III - Tokenised Payment
11. The Cryptoasset Perimeter and Token Classification
12. Cryptoassets: Property, Transfer and Finality
13. Stablecoins, Tokenised Deposits, E-Money and CBDC
Part IV - Safeguarding, Autonomy and Reform
14. Safeguarding, Custody and Insolvency of the Payment Intermediary
15. AI Agents and Payments
16. Conclusion: Reform and Divergence
Product details
| Published | 18 Mar 2027 |
|---|---|
| Format | Paperback |
| Edition | 1st |
| Pages | 304 |
| ISBN | 9781526535702 |
| Imprint | Bloomsbury Professional |
| Dimensions | 248 x 156 mm |
| Publisher | Bloomsbury Publishing |
