Mallesons is at the forefront of implementing and applying innovative technologies that change the way consumers and business access financial products.
Working closely with both government and industry on the use, risks and impact of financial technology, we truly understand digital platforms, smart contracts and distributed ledger technology including blockchain. We understand the why and the how, and identify and manage risks at all stages of the technology lifecycle including the interaction with existing legal and regulatory frameworks.
Our understanding of digital platforms and infrastructure is recognised by governments around the world including the Australian federal government which chose Mallesons to lead the inquiry into the Australian Payments System and join the National Blockchain Roadmap Steering Committee and the Regtech Working Group. Our depth of understanding ensures clients are supported at every phase of digital platform and financial market infrastructure development.
We also advise policy makers around the world, global technology firms, multi-bank consortia, innovative challengers and start-ups on building new market infrastructure and robust digital ecosystems.
A multi-disciplinary approach to building platforms
We provide clients with deep cross-practice expertise drawing upon our knowledge in technology, IP, regulation, competition and banking and finance to ensure the technology being built and the products offered meet your legal, commercial and technological aims.
Key areas of our expertise, include:
- Payments & Clearing Systems Infrastructure
- Securities & Futures Exchanges
- Virtual Asset Exchanges, including Centralised & Decentralised Platforms
- Peer-to-Peer Platforms
- Automated Trading Systems
- Order & Execution Management Systems
- Marketplaces – from Global Ecommerce Platforms through to NFT Marketplaces
- Algorithmic Trading Systems.
Working collaboratively with clients
We support the structure and design of financial products, including:
- Design options for products
- Governance structure for infrastructure participants
- Competition law compliance for multi-stakeholder platforms
- Rights and obligations of users
- Enforceability of contracts entered into on the platform
- Technological structure and protection of IP and data
- Documentation and platform rules
- International roll-out and interoperability.
Regulatory support and engagement
Key to the success of our practice is our strong focus on building great working relationships with regulators. This includes the following key areas of support:
- Securing licences and approvals
- “Soft sounding” on novel products and services
- All aspects of regulatory compliance
- Assisting with enquiries and investigations.
Importantly, we help our clients anticipate, plan for and navigate future regulation through our involvement in driving the direction of new developments through multiple industry appointments, regular dialogue and thought leadership.
Digital economies and ecosystems
Beyond finance, we assist public and private sector clients to create the legal and regulatory architecture for jurisdiction-wide digital economies, as well as on discrete projects that aim to provide access to multiple digital products and services. This spans a wide variety of areas including ecommerce, blockchain, finance, social media, telecommunications, art, gaming, sports and hybrid online-offline “metaverse” projects.
