LLM Student at Amity Law School, Amity University, Bengaluru, India
Assistant Professor at Amity Law School, Amity University, Bengaluru, India
The emergence of crypto assets, including digital currencies and tokens, has fundamentally transformed financial markets, introducing unprecedented opportunities and challenges for traditional securities regulation. These decentralized digital assets, underpinned by blockchain technology, have disrupted conventional financial systems by offering innovative mechanisms for raising capital, executing transactions, and fostering financial inclusion. However, their rapid growth has also exposed vulnerabilities in existing regulatory frameworks, raising critical concerns about investor protection, market integrity, and systemic risks. This research aims to comprehensively analyze the evolution of securities regulation in response to these transformative developments. It examines how various countries have approached the regulation of crypto assets, providing a comparative analysis of their frameworks and the efficacy of their measures. Key aspects explored include the classification of crypto assets as securities, the regulation of Initial Coin Offerings (ICOs) and Security Token Offerings (STOs), and the enforcement of anti-money laundering (AML) and know-your-customer (KYC) norms within the crypto ecosystem. Through a qualitative analysis of scholarly literature, regulatory documents, and notable case law, this study highlights critical regulatory gaps, such as the lack of consensus on crypto asset definitions and jurisdictional inconsistencies. It also evaluates the implications of these gaps on investor confidence, market stability, and technological innovation. Notable examples, including regulatory responses from jurisdictions like the United States, the European Union, and Singapore, are examined to identify best practices and lessons for global harmonization. By proposing actionable insights, this study contributes to the ongoing discourse on adapting securities laws for the digital era. It underscores the need for forward-looking, technology-neutral regulatory approaches that balance innovation with risk mitigation. Ultimately, this research aspires to inform policymakers, regulators, and stakeholders on how to craft robust legal frameworks that ensure the stability, transparency, and security of financial markets in the age of decentralization.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 1, Page 185 - 195
DOI: https://doij.org/10.10000/IJLMH.118896This 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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