Having identified contracts as the nexus of corruption, I sought to find how contracts, blockchain smart contracts, and financial regulations can be used to make them both secure, accountable, transparent, and inclusive. Then I explored...
moreHaving identified contracts as the nexus of corruption, I sought to find how contracts, blockchain smart contracts, and financial regulations can be used to make them both secure, accountable, transparent, and inclusive. Then I explored how corruption in a contractual relationship could be mitigated, using the term Minimum Hybrid Contract (MHC) which I coined, where a smart contract is a supplement to a legal contract providing transparency and immutability to the contract’s financial transactions, privacy is accepted as a human need and total transparency must be avoided.
The extensive literature review on blockchain explains its key features for financial transaction; transparency and immutability. Blockchain smart contracts can interplay with, or replace legal contract, and mitigate agency theory issues which increases trust in the principal-agent relationship. The MHC is an evolutionary change proposition to ensure stability because it leaves the legal contract as it provides a smart contract as a supplemental transactional tool.
To implement the MHC architecture in a legislation cryptocurrencies are required for the blockchain smart contract to work. Because there is regulatory uncertainty around cryptocurrencies whereas they are illegal in several countries, regulatory strategies such as sandboxes and safe harbors giving regulatory slack and closer collaboration with innovators to ensure financial stability while searching for the optimal regulation is an elaboration on the design of the MHC.
Key agency theory issues are be mitigated significantly when blockchain smart contract’s transparent, open, and immutable properties are leveraged in financial transactions. Information sharing increases when using blockchain because a receipt for a financial transactions is indistinguishable from the transaction itself, thus the MHC provides a deterrent against financial crime by removing the opportunity of conducting receipt fraud. Moreover, the MHC mitigates moral hazard because auditing the immutable and transparent blockchain-based transactions does not require trust in the auditor because the process can be automated by automatically reading data from the blockchain smart contract. Thus agency costs are also reduced as the monitoring costs of financial transactions are reduced, and blockchain smart contracts replace auditors.