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ARTICLE · 20 FEBRUARY 2018

Cryptocurrency Assets Under Insolvency And Personal Property Security Law

Encrypted digital currencies ("cryptocurrencies"), particularly Bitcoin, have recently become the target of enormous international speculation and market scrutiny.

CanadaInsolvency/Bankruptcy/Re-Structuring

Encrypted digital currencies ("cryptocurrencies"),1 particularly Bitcoin, have recently become the target of enormous international speculation and market scrutiny. Some expect cryptocurrency payments and other transactions tracked via distributed ledger technology ("DLT", of which "blockchain" technology is one example) to be the future of commercial interaction. The theory is that cryptocurrencies could become "the holy grail of commerce – a payment system that would eliminate or minimize the roles of third party intermediaries."2

Is Canadian commercial law ready for this brave new world? Specifically, how do the laws governing debtor-creditor relationships apply to cryptocurrencies?

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