The TRADE 52 | Page 14

[ N E W S R E V I E W | R E G U L AT I N G “ESMA feels out of step with its contemporaries globally.” technological benefit or hurdles to market adoption than it does about the hypothetical fears of adoption is presumably one of the reasons ESMA also concludes DLT won’t replace CSDs or CCPs, at least in the medium term. Not that anyone has seriously suggested it could or should. However, the fear of all fears, that the buy-side will trade with each other and not need the sell-side anymore, is a concern best left solely to the banks. Although when you think of the technology, certain use cases such as trade repositories just make sense. It’s real-time and omni-di- rectional. With a distributed ledger framework applied, it would evolve from something that is inherently batch-processing and reconcili- ation-based to something that is functionally far more real-time and verification / synchronisa- tion-based, not to mention flexibly permissible, more secure, and utilising the power of consensus. Something with actual insight that could be effectively overseen and actioned by a regulator with a meaningful timeliness and shared easily with other regulators across the G20. Further complimenting with a robust framework of oracles, nodes, and smart contracts would create a new approach to regula- tory oversight where processing and reporting are neutralised and the focus would be rightfully put on analytics and the monitoring of actual risk. DLT would allow for the creation of a real-time process where all participants are connect- ing and collectively verifying each other’s books of record; thereby 14 TheTrade Summer 2017 B L O C K C H A I N ] lessening security and stability concerns with current technolo- gies, lessening the role of the regu- lator, neutralising the need for the current-state definition of a trade reposition, and vastly increasing transparency while doing away with verifications, reconciliations, affirmations, and even faxes. Huge wins This is all not to say DLT is a silver bullet for more fundamental struc- tural issues in the market. But it is to say, if we’re going to be wholly theoretical, let’s at least play a role in evolving and strengthening a market above and beyond the neg- ative potential inherent in any new system, technology, or process. The work being pioneered by Nasdaq with the government of Estonia, Singapore’s focus around insider trading, and the DTCC’s recent announcement of a large scale pilot to ‘re-platform’ the existing Trade Information Warehouse and their housing of industry-wide credit default swap data, are milestones in a far-reaching discovery process. Their interest says something about blockchain and how it should be embraced in explora- tion as opposed to intellectual exile. The challenge now will be who will implement a production blockchain that will deliver signif- icant cost and operations savings, broad industry adoption, as well as support more efficient operational processes. Interestingly, the UK’s Financial Conduct Authority (FCA) has also taken quite a divergent stance from its sister organisation on block- chain. The FCA’s focus is more so on bitcoin functionality than distributed ledger. In August of 2016, it announced it was close to approving a small number of firms to begin formally using bitcoin as a cryptocurrency. This is a big step considering virtually no approvals have been granted thus far, and the FCA’s stamp is required for local companies to utilise bitcoin as re- lated to payments and settlements. This would implicitly lead towards further usage of distributed ledger and other value elements of block- chain as a major driver behind the desire to utilise bitcoin, isn’t just the advent of a new currency, but because of expectation of massive savings in the payments and post- trade settlements across B2B, P2P, and beyond. Misinformed fears They’ve more recently just released a full-scale consulta- tion paper on distributed ledger technology, noting that although considerations related to regula- “You run the risk of stifling market fairness and limiting innovation adoption.” tion, competitive interests, and operational processes are still to be vetted, the overarching functional- ity clearly holds much evolutionary potential. DLT allows us to imagine a world where post-trade activity could be- come a series of smart transactions and automated processes that, by default, remove unnecessary steps, systems, and cost. However, the unchecked, misinformed fears of regulators like ESMA related to the perceived complexity of these processes could mean that they will slow adoption and the success needed for the industry to survive, let alone thrive. Evolve; finance is nothing if not Darwinian. The fundamental law of nature is anything not growing is dying.