The Legal & Regulatory Challenges of Blockchain & Cryptocurrency, Corporate Accountability, Financial Compliance and the Impact of Global Securities Laws

  • Atit Kumar,
  • Monika Rastogi and Rajiv Kumar Jha
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  • Atit Kumar

    LL.M. Student at School of Law, Lingaya's Vidyapeeth, India

  • Monika Rastogi

    Professor at School of Law, Lingaya's Vidyapeeth, India

  • Rajiv Kumar Jha

    Professor at School of Law, Lingaya's Vidyapeeth, India

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Abstract

This research critically explores the complex legal and regulatory challenges posed by the rapid global adoption of blockchain technology and cryptocurrencies, with a focus on corporate accountability, financial compliance, and the implications of global securities laws. As decentralized financial systems evolve, traditional legal structures have struggled to maintain pace, leading to fragmented regulatory frameworks, unclear asset classifications, jurisdictional arbitrage, and significant risks to consumer protection and financial stability. This study examines how crypto asset service providers operate in largely unregulated environments, exposing markets to insider trading, token manipulation, cyber fraud, and tax evasion. It further assesses cases such as the LIBRA token’s speculative sniping scheme and the $1.5 billion Bybit exchange hack, highlighting vulnerabilities in legal oversight and custodial accountability. The paper also addresses the inadequacy of existing anti-money laundering (AML) and know-your-customer (KYC) frameworks, as well as the compliance burden posed by the pseudonymous and borderless nature of decentralized transactions. Additionally, environmental challenges associated with energy-intensive consensus mechanisms like Proof-of-Work are discussed, with a call for regulatory incentives favoring green alternatives like Proof-of-Stake. Through doctrinal, empirical, and comparative legal analysis, the study recommends the development of harmonized international taxonomies, risk-based licensing systems, regulatory sandboxes, and cross-border enforcement mechanisms. It emphasizes the need for evolving corporate governance laws to recognize the legal personality of decentralized autonomous organizations (DAOs), standardize smart contracts, and enforce fiduciary duties in tokenized ecosystems. The research concludes that a coordinated, principle-based, and forward-looking regulatory strategy is essential to align blockchain innovation with legal certainty, corporate transparency, environmental sustainability, and global investor protection.

Keywords

  • Blockchain regulation
  • cryptocurrency law
  • financial compliance
  • corporate accountability
  • global securities regulation
  • anti-money laundering (AML)
  • DAOs
  • smart contracts
  • Proof-of-Stake
  • regulatory sandboxes
  • crypto taxation
  • investor protection

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 466 - 490

DOI: https://doij.org/10.10000/IJLMH.1110494

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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