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A French point of view: from crypto assets to digital assets

A French point of view: from crypto assets to digital assets Silvestre Tandeau de Marsac

The evolving legal landscape of digital assets

Challenges of regulation

Digital assets: how to decipher a cryptic phenomenon?

The panel on digital assets at the 37th International Financial Law Conference in Venice was co-chaired by Dirk Bliesener, Vice-Chair of the IBA Banking Law Committee and partner at Hengeler Mueller in Frankfurt, and Benjamin Leisinger, member of the IBA Securities Law Committee and partner at Homburger in Zurich. It began by examining some of the fundamentals of crypto markets and the different asset standards.

Russian regulation of cryptocurrency and digital financial assets

Two new concepts of ‘digital financial assets’ and ‘digital currency’ were introduced into Russian legislation on 1 January 2021. These (1) provide for a legal basis for the turnover of digital assets under Russian law; and (2) are aimed at placing cryptocurrencies under governmental control in Russia.

Domain names- still a (very) appreciated digital asset

It has been more than 20 years since companies, organisations and individuals began to build their digital identities around a domain name. That made sense in the late 1990s, when domain names were the natural extension of well-established brands and search engines and other digital tools were not as developed as they are now.

LPD Showcase: Digital assets and the future of financial services

The rise of the digital economy in the second decade of the 21st century is significantly transforming the global financial markets.

Digital assets: surging popularity of NFTs raises important legal questions

The emerging legal and regulatory framework for digital assets (Part II)

This session explored the intricate legalities of digital assets. Key points of discussion included: the various types of digital assets and their implications in capital markets; the complex regulatory frameworks governing them; the innovative uses of blockchain in securities transactions; and real-world case studies of challenges and failures in the digital asset sector.

Brittany Kaiser, Digital Asset Trade Association - data rights and privacy - interview

Brittany Kaiser is co-founder of the US-based Digital Asset Trade Association. A former business development director at Cambridge Analytica and talks about why she choose to speak out about the company’s practices and why she has become an avid data rights campaigner. She also talks about the need for data privacy law to catch up with technology and why whistleblowers need more protection.

The LPD showcase on digital assets and the future of financial services

This showcase was split into three sessions, looking at the topics of ‘Digital Assets – What Are They and How Have They Already Become Relevant?’, ‘The Impact of Digital Assets on the Financial System’ and ‘Regulatory Responses and Private Law Remedies’ respectively.

Thailand: recent trends toward more stringent regulation of digital assets in Thailand

The Thai Securities and Exchange Commission (SEC) has taken numerous steps to strengthen and expand the regulatory regime covering digital asset operators in Thailand. This has resulted in several enforcement actions against violators, including issues in connection with fabricated information on the trading volume of digital assets on a digital asset exchange.

Tax regime for virtual digital assets: boon or bane for the crypto industry?

India has recently provided a framework for the taxation of crypto assets. The move has been appreciated by the industry; however, in the authors’ view, the regressive tax policy adopted may do more harm than good.

What you don't know about NFTs could hurt you: non-fungible tokens and the truth about digital asset ownership

Non-fungible tokens, or NFTs, are currently in the midst of the type of hype-cycle last seen in the blockchain/crypto world when initial coin offerings (ICO) were all the rage. On 11 March 2021, an NFT associated with a piece of digital art sold at auction at Christie’s for $69m. Other NFTs, such as one based on Jack Dorsey’s first Tweet, are selling for millions as well and there is an active secondary market for some NFTs which can drive prices up quickly after the initial sale. One of the key questions, especially for anyone focused on the legal issues raised by NFTs, can be posed in simple terms: What does a purchaser really own when he or she buys an NFT?

Asset Recovery Specialists - a film by the IBA Asset Recovery Subcommittee

An IBA Asset Recovery Subcommittee initiative produced in conjunction with the IBA Anti-Corruption Committee. Experts from around the world give their views on asset recovery.

Family Asset Protection: responsible protection of assets in a divorce and trusts context

A webinar presented by the IBA Family Law Committee. 28 September 2020, 1400 – 1500 BST

Cryptocurrency – super asset or ‘cryptonite’?

How cryptocurrency is conceived of as property or asset and different jurisdictions’ approach to restraints, forfeitures and seizures. This article will discuss how Australia, the UK and the US have identified and categorised cryptocurrency as an asset or as property and the implications of that classification for regulatory and enforcement outcomes.

Asset Recovery Sub Committee Page

Asset management and technology – the intersect

It is a settled fact that technology is a key component of asset management. Aspects of the investment process include trading, risk management, operations and client service. Considering the quantity of information in our environment today and the importance of technology in accessing markets, every organisation that manages assets, whether it is an asset management company or an asset owner that manages its assets internally, uses technology as part of its investment process.

Non-personal data as an IP asset

Report on a session of the International Commerce and Distribution Committee at the IBA Digital Operations Conference in Hamburg, Thursday 14 November 2019.

Cross-border insolvency and United States assets

The arrival of the COVID-19 pandemic and the consequent economic recession it has caused is expected to lead to a surge in bankruptcies worldwide. Even litigators who do not practice bankruptcy should be aware of how a bankruptcy proceeding may affect their clients. Defence counsel may need to assess the options of a client facing a judgment, while plaintiff’s attorneys may need to counsel clients about the effect a bankruptcy filing can have on their claims.

Art: private passion or private client asset?

Art: private passion or private client asset? Ivana Zivanovic Olivier Le Goff

Crypto asset taxation – keeping up with the trends

A report on a conference session at the 11th annual IBA Finance and Capital Markets Tax Virtual Conference, focusing on recent developments and emerging tax issues in the area of blockchain

Virtual IBA Asset Management and Investment Funds Conference

A virtual conference presented by the IBA Asset Management and Investment Funds Committee, 8-10 March 2021

EU establishes comprehensive set of rules for crypto-assets

In-House Perspective outlines what organisations need to know about the Markets in Crypto-assets legislation, the EU’s attempt to be at the forefront of the token economy and to protect consumers in the process.

Ukraine: Lawmakers express frustration over frozen Russian assets

Inactive art: private passion or private client asset

Art: private passion or private client asset? Ivana Zivanovic Olivier Le Goff

The current status of virtual assets regulation in Uruguay

This article examines the current situation of virtual assets in Uruguay, the creation of a regulatory framework, the position of the Central Bank and the recent developments in the political system.

New Portuguese personal income tax framework applicable to crypto-assets

The Portuguese State Budget for 2023 introduced new rules for the personal income taxation of income connected to crypto-assets. The boost in the mainstream adoption of crypto-assets led to the increased attention from tax authorities worldwide to income that otherwise would typically fall outside the scope of taxation or would be incompatible with the rules in place. Until the 2023 State Budget was approved, no tax law provisions were directly applicable to crypto-assets in Portugal.

Virtual assets - a new challenge for the Mexican financial system

Over the past few years, we have seen the evolution of the world’s financial systems, particularly how transactions and their functions have changed or targeted certain sectors. This article specifically examines Mexico's regulation of virtual assets.

Asset recovery in Pakistan: a call for international cooperation

There are substantial difficulties regarding asset recovery in Pakistan. Collaborations between global institutions, such as the United Nations Office on Drugs and Crimes (UNODC), the Financial Action Task Force (FATF) and INTERPOL, aim to curb this issue. Efforts to counter this problem include promoting national policies for tracing, seizure and confiscation of criminal assets, as well as enhancing operational cooperation and information sharing. This article will discuss the policy framework under the National Accountability Bureau Ordinance 1999 (‘Ordinance’).