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Beyond Bitcoin:

The blockchain
revolution in
financial services
Experimentation by the worlds
leading institutions has brought
blockchain to a tipping point

Beyond Bitcoin: The blockchain revolution in financial services


II White & Case
Beyond Bitcoin:
The blockchain
revolution in
financial services
Blockchain technology is poised to transform the financial sector
by increasing efficiency, transparency and security; reducing costs;
and unleashing an unprecedented wave of innovation

By Kevin Petrasic and Matthew Bornfreund

B
lockchain, the technology Financial institutions are ABCS OF BLOCKCHAIN
behind the cryptocurrency exploring a variety of opportunities Blockchain is a technology that was
Bitcoin, is one of the to use blockchain, including initially developed for Bitcoin, the
hottest topics in the financial applications to improve and enhance cryptocurrency. It is a distributed
sector. Dozens of large financial currency exchange, supply chain ledger or database that is operated by
institutions, including many of management, trade execution and a peer-to-peer network of unaffiliated
the worlds major banks, have settlement, remittance, peer-to-peer participants. Using computers
already launched initiatives to transfers, micropayments, asset running sophisticated algorithms,
explore blockchains potential. registration, correspondent banking these participants, so-called Bitcoin
As applied in the Bitcoin context, and regulatory reporting (including miners, process transactions
blockchain is a decentralized, applications related to know according to strict protocols that
public ledger that contains the your customer and anti-money- ensure a very high degree of
details of every Bitcoin transaction laundering rules). accuracy and security. Anyone
that has ever been completed. Highlighting the potential for can participatethe blockchain is
Due to a number of innovative banks, Santander issued a report fully transparent and available to
technical protocols, the ledger in 2015 estimating that blockchain allbut only the miners that are
has proven to be exceptionally could reduce banks infrastructure the first to process an individual
accurate and secure. costs attributable to cross-border transaction are compensated.
Interest in the technology payments, securities trading and As individual transactions are
exploded when it became clear regulatory compliance by between processed and verified by other
that blockchain can be used to US$15 20 billion per annum by
document the transfer of any digital 2022. And there is reason to believe
asset, record the ownership of the actual figure may be higher.
physical and intellectual property, For most large financial
and establish rights through institutions that are exploring
smart contracts, among other
applications. By reordering and
blockchain opportunities, 2016 will
be a year of continued innovation
Blockchain could reduce
automating complex, labor-intensive and experimentation. But these banks infrastructure costs
processes, the technology can
enable organizations to operate
activities are only a prelude to
profound changes throughout
by US$15 20 billion per
both faster and more cheaply. the financial sector. annum by 2022.

Beyond Bitcoin: The blockchain revolution in financial services


and providing total transparency,
1
VC funding for Bitcoin and blockchain obviating the need for the type
is rising rapidly (US$ millions) of middlemen or centralized
authorities that traditionally conduct,
500 authorize or verify transactions.
The use of blockchain is
400 not limited to Bitcoin or other
cryptocurrencies. Blockchain has
300 the potential to transform how
business and government work
200 in a wide variety of contexts.
Blockchain can be used to record
100 and track the details of any
transaction or ownership of any
0 asset, including tangible assets
2012 2013 2014 2015 such as real estate and intangible
assets such as intellectual
Source: CoinDesk, Goldman Sachs Investment Research
property. It can also be used to
automate contracts, dramatically
2
Bank spending on blockchain is expected to surge simplifying the process of creating
(US$ millions) and executing them. (Importantly,
companies can choose to develop
400 public or private blockchains,
depending on their objectives;
see the sidebar Public vs. Private
300 Blockchains for more detail.)
The perception of blockchains
200 potential is reflected in investment
trends. According to Goldman
Sachs, venture capital (VC) firms
100 invested almost a billion dollars in
the technology over the last three
0 years, with about half of that amount
2014 2015 e2016 e2017 e2018 e2019 invested in 2015 (Chart 1). As we will
Source: Aite Group see, financial institutions are among
the biggest investors in blockchain,
reflecting a growing belief that
the technology may actually have
its greatest impact in the financial
services sector.

BLOCKCHAIN APPLICATIONS
IN FINANCIAL SERVICES
 lockchain has the potential to
B An array of major financial
transform how business and government institutions already has launched
efforts to explore the potential
work in a wide variety of contexts. opportunities blockchain holds
for their businesses. Some, such
miners on the network, they are as USAA Bank and BBVA, have
bundled into groups called blocks; invested millions of dollars in
blocks of transactions are linked Bitcoin service providers such
together to make the blockchain. as Coinbase and Circle to study
Every Bitcoin transaction is blockchain applications. Others,
permanently recorded in the Bitcoin such as Barclays and Fidelity, have
blockchain for all to see, creating created accelerators or sponsored
an ever-growing historic record of hackathons to provide space for
activity. The mining process creates and learn from startups. Others
continuous, decentralized monitoring still, such as Citi and Nasdaq,
by every computer on the network are beta-testing systems built on
and ensures the accuracy and top of the blockchain technology
security of the blockchain record. to explore its potential.
Blockchain technology Goldman Sachs filed an application
revolutionizes the transaction for a patent on a settlement system
process by dispersing control for securities markets that would

2 White & Case


employ its own cryptographic
currency, the SETLcoin. Goldman
is also one of 42 financial institutions PUBLIC VS. PRIVATE BLOCKCHAINS
(half of which rank among the 100
largest in the world, by revenue) To understand the difference between public and private blockchains,
that joined a blockchain consortium consider the difference between the Internet, which is public and
launched in 2015 by R3 CEV, a available to everyone, and intranets, which are created by specific
financial technology firm. This entities and only available to certain individuals with permission.
consortium, one of the first
cooperative efforts among major Public blockchains are decentralized and accessible to anyone,
institutions in the financial services regardless of their affiliation. Transactions are publicly verified and
sector, is exploring opportunities to remain in the public domain. To ensure the integrity of the system
deploy blockchain in new financial and to validate transactions, financial-incentive and consensus
products and services, as well as mechanisms are built into the system. Crowdsourcing is an advantage
in their ongoing operations. of public blockchains, which are outside the control of any private
Indeed, financial institutions or governmental entity. Because a public blockchain is available to
invested US$75 million in blockchain anyone, improvements are made by consensus of the participants.
technology in 2015, according to Open access encourages greater participation and makes it more
the Aite Group, a financial services likely for public blockchain networks to be employed in a wider variety
research firm. That is more than of applications. Importantly, public blockchains offer the potential
double the amount invested in 2014, for reducing transaction fees. In the Bitcoin network, for example,
and Aite estimates that financial the average processing fee for a Bitcoin transaction is .04 cents,
institutions will be investing five compared to more than .35 cents for a typical credit card transaction.
times that amount annually by
2019 (Chart 2). Private blockchains are set up and maintained by a private entity.
The following are some of Security protocols control and limit access to authorized parties.
the areas and applications getting Transactions are verified within the private blockchain and can
the most attention in blockchain potentially be altered within that private network, which enables
from financial services companies operators to correct errors. This feature is not permitted in public
and regulators. blockchains, in part because it can create security risks. There are
two types of private blockchains: consortiums, which include pre-
Trade execution and selected participants from a variety of organizations; and fully private
settlement blockchains, which are limited to participants from one organization.
Blockchain will enable faster Private blockchains can authenticate transactions more quickly
settlement at lower costs while generally within secondsbecause they operate on networks that are
simultaneously lowering the risk of more centralized and are made of up fewer computers. In contrast, it
fraud. Some companies will develop can take as long as two hours to authenticate a Bitcoin transaction,
unique and powerful trade and which happens on a globally distributed, public blockchain involving
settlement offerings. One example thousands of unaffiliated computers.
is Nasdaqs private Linq blockchain
network, which enables private
companies that have not yet been In each case, a record of the blockchain platform, was executed
subjected to the recordkeeping change in ownership is immediately over a five-day period among bank
demands of public listing to keep inscribed on the blockchain, and offices located in North America,
track of changes in the ownership payment and settlement of the Asia and Europe. Banks participating
of shares issued to founders, early trade occur simultaneously. in the test included Barclays, BMO
investors and employees. Similarly, Financial Group, Credit Suisse,
Ripple has established a powerful Asset exchange Commonwealth Bank of Australia,
value exchange platform over which Blockchain will enable the HSBC, Natixis, Royal Bank of
financial institutions can exchange, development of new exchanges Scotland, TD Bank, UBS, UniCredit
in real-time, currency, cryptocurrency, that facilitate the trade of a wide and Wells Fargo.
commodities and other tokens of variety of assets, not only financial
value, without relying on traditional instruments. This would typically Physical asset registration
intermediaries of the international involve the exchange of virtual Blockchain will streamline the
financial system, such as the Society tokens that represent underlying process of registering assets,
for Worldwide Interbank Financial assets, which could include physical including real property. In real
Telecommunication (SWIFT). In a or intellectual property. In early estate, blockchain eliminates the
different context, Overstock.com 2016, the technology company need for title insurance to confirm
has issued private bonds via a R3 CEV conducted a test that the accuracy of a local governments
blockchain mechanism, and the involved exchanging tokens that property registry. Instead of the
US Securities and Exchange represented theoretical assets currently expensive and lengthy
Commission approved Overstocks through a private blockchain title review and registration process,
proposal to issue and record application. The test, which a public blockchain can be used
company stock using blockchain. used Ethereum, an open-source to create an accessible ledger of

Beyond Bitcoin: The blockchain revolution in financial services 3


property ownership, dramatically execution of contract terms. transformation to the computer
reducing the time it takes to Using blockchain, smart contracts processing revolution of the 1980s,
transfer real estate ownership while can be customized on a contract- but that would understate the extent
reducing the associated costs. by-contract basis, streamlining of the coming changes. When
Blockchain will also facilitate more transactions by cutting out computers replaced paper in the
rapid price comparison and enable counterparties and intermediaries. back offices of financial institutions,
the tracking of escrow payments Smart contracts will also be of the underlying processes remained
on contracts. Several startups, interest to regulators because unchanged. For example, the steps
including Ubitquity, LLC and Factom, of stronger security features and required to complete a securities
are building platforms designed reduced risks of internal hacking. trade are essentially the same
to track property ownership via IBM is investing in a proprietary today as they were 50 years ago;
notarizational functionality. blockchain to facilitate digital computers only increased the
contracts, but it also plans to release trading speed. Blockchain, by
Supply chain management an open-source version that can be contrast, fundamentally reorders
By enabling meticulous tracking of used by anyone. Smart contracts the mechanics of financial
the movement of goods, blockchain using blockchain can empower transactions in ways we did not
will provide a highly secure supply artists, allowing musicians and envision just a few years ago.
chain management system that authors to license and track the It will take time for institutions
is resistant to fraud. Everledger, a use of their works themselves to fully account for the benefits and
London-based startup, is focusing without intermediaries. risks that blockchain has in store.
on registering and tracking individual But few can afford to sit on the
diamonds to document their Algorithmic regulation sidelines waiting for total clarity
provenance, track their ownership Blockchain is not only transforming as the technology evolves and is
and combat insurance fraud. The banking, it will also transform bank deployed by competitors. The pace
company not only captures the regulation and supervision. For of innovation will accelerate as
serial number inscribed on individual example, financial institutions could technology and financial services
stones, but also effectively digitizes leverage existing applications to continue to converge, and success
each diamond, placing all collected develop algorithms that identify will often depend on the ability
data on a blockchain ledger. The patterns of abuse related to fraud to take reasonable action based
companys founder, Leanne Kemp, and money laundering. Blockchain on informed experience. Thus,
foresees expanding this particular technology will enable banks to it is critical for institutions to
application of blockchain technology track the progressive history of actively participate in this cycle
to other luxury goods, such as high- every transaction on their systems of innovation and disruption to
end watches, artwork and designer to ensure that the origin, ultimate ensure that they understand how
handbags, to provide a robust destination and use of funds technology is shaping the sector
system to track ownership transfers. is clear and traceable. This will and that they are positioned to
improve the ability of banks to identify and pursue opportunities
Cash reserve management identify suspicious customers and as the landscape evolves. Similarly,
The current system of multiple networks. Private entities already it will be important to understand
intermediaries drags out settlement use algorithmic approaches that do that working to develop a perfect
time, increasing costs and risk for not rely on blockchain to monitor and solution will be futile if the
financial institution intermediaries. manage compliancefor example, problem itself changes before the
Blockchain offers the potential to Googles automated ContentID solution can be implemented.
drastically cut settlement time, system automatically disables We stand at a time when
which in turn will reduce the YouTube videos that potentially we can predict with reasonable
amount of cash and collateral that violate copyright laws. Similarly, certainty a multitude of changes
financial institutions will need to government agencies will be able and developments from blockchain-
hold to mitigate settlement risks. to implement blockchain in systems based solutions. Now, at the advent
This will be particularly significant such as Fedwire to enable bank of the blockchain revolution, the
for international transactions, which supervisors to identify systemic challenge that lies ahead for financial
currently take days to complete but payment risks. services and fintech firms may not
can be completed in hours using be so much fashioning solutions as
blockchain technology. WHAT TO EXPECT it is identifying the problems that will
Blockchain is leading the way require new and innovative thinking.
Smart contracts for a wave of tech-based financial The most successful firms will be
NY0216/TL/B/167495_7

These use digital technology innovation that is already disrupting those that take advantage of these
to embed business rules into a the banking and financial sectors. opportunities to harness fintech
contract, including automated It is tempting to analogize this and the blockchain revolution. n

4 White & Case


Beyond Bitcoin: The blockchain revolution in financial services
Kevin Petrasic
Partner, Washington, DC
T +1 202 626 3671
E kevin.petrasic@whitecase.com

Matthew Bornfreund
Associate, Washington, DC
T +1 202 637 6258
E matthew.bornfreund@whitecase.com

whitecase.com
In this publication, White & Case
means the international legal practice
comprising White & Case llp, a
New York State registered limited liability
partnership, White & Case llp,
a limited liability partnership incorporated
under English law and all other affiliated
partnerships, companies and entities.

This publication is prepared for the


general information of our clients
and other interested persons. It is not,
and does not attempt to be,
comprehensive in nature. Due to the
general nature of its content, it should
not be regarded as legal advice.

2016 White & Case llp

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