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ARTICLE · 22 APRIL 2022

Defining Digital Assets In Insolvency Proceedings

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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.

BermudaTechnology

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?

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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