Fintech e criptovalute: processi di regolamentazione europea e questioni applicative di diritto societario

The technological revolution is experiencing an unstoppable rise, powerfully inserting itself into all current economic, legal and social dynamics, proposing models, products and alternative solutions to the traditional ones; conversely, its regulation appears to be very late. The purpose of this paper is to analyse the disruptive impact of Fintech and cryptocurrencies on traditional financial intermediaries and to reconstruct the European regulatory processes. In this regard, the focus was on the regulation of the United Kingdom, as the Fintech leader in the world and which is currently exposed to a series of uncertainties and opportunities following Brexit. The need for a new and organic regulation on this matter is accentuated with regard to cryptocurrencies, which certainly represent the most disruptive product of the technological revolution. Therefore, questions were raised about the legal qualification of cryptocurrencies and the issues relating to their contribution to the share capital of limited companies were investigated following the recent jurisprudential decisions in Italy. The goal was to identify interpretative solutions of “openness” to these new technological financial instruments.