It has been more than a decade since the creation of the first
cryptocurrency, bitcoin, yet digital assets are only now being
adopted by mainstream business.
Major companies such as Microsoft, PayPal, Whole Foods,
Starbucks and Tesla accept cryptocurrencies, as do banks such as
Goldman Sachs.
In turn, we are now beginning to see the implications of digital
assets gradually being integrated into traditional financial
systems.
Today, we briefly explore some issues relating to digital assets
in the context of insolvency law.
Digital assets hold unique characteristics such as anonymity and
decentralisation, which complicate their relationship with the
legal system.
Likewise, digital assets do not fit neatly within traditional
legal understandings of property. Are they money, security or some
other form of an asset?