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All Journal Hasanuddin Law Review
Nikam, Rahul J.
Hasanuddin University
Law, Crime, Criminology & Criminal Justice

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Model Draft Regulation on Cryptocurrency in India Nikam, Rahul J.
Hasanuddin Law Review VOLUME 4 ISSUE 2, AUGUST 2018
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (521.971 KB) | DOI: 10.20956/halrev.v4i2.1466

Abstract

This article looks at the application of present Indian payment system policies and regulatory model on virtual-currency in India. In fact, simply banning cryptocurrency in India would not serve the purpose of legislature and Reserve Bank of India (RBI); rather it will boost cryptocurrency frauds in India due to absence of any law. The present article analysis shows that there is an ample scope within the present models and policies with necessary amendments to facilitate the regulation of virtual-currency in India. The analysis also suggests new model regulation on cryptocurrency which shall constitute the basic model regulations in India to govern cryptocurrency technology and products. Author uses the Banking Regulation Act as a model, regulating all types of new fintech products such as cryptocurrency, Bitcoin & business activity, its intermediaries, exchanges, customer protection in robust and transparent fashion in India.
Bespoke Crowdfunding Regulation: A Boost up to Startups and SMEs in India Nikam, Rahul J.
Hasanuddin Law Review VOLUME 5 ISSUE 1, APRIL 2019
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (632.117 KB) | DOI: 10.20956/halrev.v5i1.1587

Abstract

The paper reviews securities regulatory requirements across the world and specifically in India that may be applicable or prohibiting Crowdfunding in India. The author argues that Indian financial and securities services regulations were not designed keeping in mind the 21st century requirements of industry. There is a regulatory gap in recognizing this emerging route of fund-raising business model addressing the needs of start-up as well as the Small and Medium Enterprises (SMEs) businesses by way of crowdfunding and cross-border crowdfunding in the form of equity and debt. Thus, paper is seeking to clarify how crowdfunding fits into existing rules if any and necessity of introducing specific requirements that promote regulatory and supervisory convergence. The aim is to provide appropriate balance of less costly regulatory compliances, prudent risks management for project owners and crowdfunding platforms vis-à-vis raising of funds domestically and through cross-broader. At the same time providing adequate investor protection to the investor who are typically not professional investors.
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