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FINANCE AND BANKING / by Miguel Gallardo Guerra The emergence of virtual assets and user empowerment through Decentralized Finance (hereinafter, “DeFi”) have driven a transition to a decentralized model in global banking systems. This change represents a fundamental evolution in the provision of financial services. What is Decentralized Finance? Unlike traditional finance(hereinafter, “TradFi”), DeFi is …
FINANCE AND BANKING / by Miguel Gallardo Guerra Preventing fraud and financial crimes is a top priority for financial institutions, governments, and regulatory bodies worldwide. The aim is to safeguard consumers, businesses, and the global financial system’s stability from illegal activities like fraud, money laundering, terrorist financing, and other economic crimes. Because financial fraud can …
FINANCE AND BANKING / by Miguel Gallardo Guerra Cross-border lending refers to the provision of loans or financing by financial institutions in one country to borrowers in another country. These financial operations involve several legal, regulatory, and operational challenges, as international transaction laws vary from jurisdiction to jurisdiction. Careful legal planning, proper financing structuring, and …
FINANCE AND BANKING / by Miguel Gallardo Guerra Capital markets are an environment where financial instruments such as stocks, bonds, and derivatives are exchanged. They are essential for financing companies, governments, and financial institutions. These markets allow issuers (companies or governments) to raise capital to finance their activities and investors to buy and sell these …
FINANCE AND BANKING / by Miguel Gallardo Guerra Mergers and acquisitions (M&A) in the financial and banking sectors are complex due to the industry’s regulated nature, cross-border implications, and the need to comply with both local and international regulations. The main objectives of M&A in this sector are usually the expansion of presence in key …
FINANCE AND BANKING / by Miguel Gallardo Guerra In an increasingly interconnected and regulated world of finance, compliance has become a fundamental cornerstone not only for financial institutions but also for organizations across all sectors. Due to the growing complexity of regulations and pressure from regulators and society, these entities must adhere to both local …
FINANCE AND BANKING / by Miguel Gallardo Guerra Global financial regulation refers to the rules and standards that govern the operations of banks and financial institutions in multiple jurisdictions. These regulations are designed to ensure the financial system’s stability, protect consumers, and prevent fraudulent practices or systemic risks. The main components are highlighted below: a) Basel …
FINANCE AND BANKING / by Miguel Gallardo Guerra Cross-Border Banking has become a standard practice for businesses and individuals seeking financial services in various jurisdictions in an increasingly globalized world. Nevertheless, banks and financial institutions worldwide must tackle the complex legal challenges related to compliance that come with this growth. 1. Complexity of Regulatory Frameworks …
FINANCE AND BANKING / by Miguel Gallardo Guerra Stock tokenization, or the creation of digital representations of stocks in a corporation, is an innovation in finance that is beginning to capture the attention of entrepreneurs and legislators alike. The following is a detailed analysis of the validity and legal basis of this practice in Mexico …
FINANCE AND BANKING / by Miguel Gallardo Guerra The demand for frictionless payments is revolutionizing the payments industry, driving major technology companies to develop innovative solutions that simplify and accelerate transactions. However, this development also attracts increased regulatory scrutiny as authorities seek to close the gap between regulated financial institutions and technology payment suppliers. Frictionless …
FINANCE AND BANKING / by Miguel Gallardo Guerra The adoption of new technologies in the financial sector has significantly increased risks and vulnerabilities. Cybernetic and operational resilience is becoming a priority for financial institutions, driven by regulators imposing higher standards to protect financial infrastructure and maintain customer trust. The Importance of Cybernetic and Operational Resilience …
FINANCE AND BANKING / by Miguel Gallardo Guerra The adoption of artificial intelligence (AI) in the financial sector is rising, significantly transforming how financial institutions operate and deliver services. However, this technological revolution also brings several ethical and legal challenges that must be approached carefully. Benefits of AI in Financial Services AI offers numerous benefits …
FINANCE AND BANKING / by Miguel Gallardo Guerra The transition from open banking to open finance marks a paradigm shift in the global financial sector. This move promises several significant benefits but also introduces greater complexity regarding regulatory compliance and data security. The legal implications of this development and how financial institutions can prepare themselves …
FINANCE AND BANKING / by Miguel Gallardo Guerra The crypto-asset industry continues to evolve rapidly, and the regulatory environment is becoming increasingly complex. In 2024, a significant increase in the regulation and supervision of these assets is anticipated, driven by the growing interest of institutional investors and the development of specific regulations in key markets. …
FINANCE AND BANKING / by Miguel Gallardo Guerra The fintech landscape is transforming significantly with the widespread adoption of digital marketplace infrastructure. This development, driven by substantial investments from new entrants and established financial institutions, aligns with the evolution of blockchain-based payments and Central Bank Digital Currencies (CBDC). Understanding the legal challenges and opportunities accompanying …
