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A French point of view: from crypto assets to digital assets
Silvestre Tandeau de Marsac
Digital assets have posed challenges to existing legal and regulatory frameworks. To resolve these challenges, initiatives are taking place at national and international levels that are meant to provide legal certainty for financial transactions involving these types of assets. For instance, work on the substantive law aspects of digital assets is being conducted by UNIDROIT with the objective to develop a future legal instrument containing principles and legislative guidance in the area of private law and digital assets, the Hague Conference on private international law is considering work on the law applicable to digital assets, and the Financial Stability Board published a proposed framework for the international regulation of crypto-asset activities with the main goal to promote the consistency and comprehensiveness of regulatory, supervisory and oversight approaches to crypto-asset activities and strengthen international cooperation and coordination.
IBA Annual Conference Paris 2023
The Asset Recovery Committee, re-launched as an independent committee in 2023, provides an international platform for private and public-sector practitioners, civil society, international and regional organizations, policy makers, experts and funders to meet and discuss best practice and experience in the field of asset tracking and recovery, including asset recovery laws and orders, practical tools and techniques, know-how and case studies, from both criminal and civil law perspectives, across both civil and common law jurisdictions.
Jul 08, 2025
Challenges of regulation
This panel will explore how AI and digital assets are reshaping the global tax landscape.
15th Annual London Finance and Capital Markets Tax Conference
The Asset Management and Investment Funds Committee provides a convenient forum for its members to consider current developments in the global investment funds industry, including both regulatory and product development. It also produces newsletters and occasional e-bulletins for its members. In addition to its programmes at the annual IBA conferences, the committee presents an annual conference on Globalisation of Investment Funds normally held in June, which celebrated its 30th successful year in 2020. The event attracts delegates from approximately 30 countries, and features presentations by senior regulators from around the world, senior executives of top fund managers and other fund service providers as well as from leading practitioners in the field.
Sep 07, 2022
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.
Tracing digital assets can be challenging to the insolvency and credit enforcement practitioner. In cross-border situations, asset tracing is even more challenging because each jurisdiction has its own source of laws, information and tools that must be understood by the insolvency practitioner or representative. UNCITRAL Working Group V has started a project which may provide recommendations and the European Union is considering developing an instrument regarding asset tracing. This session will focus on the tools the insolvency practitioner needs in this respect in order to recover assets of the debtor.
IBA Annual Conference Miami 2022
The Pro Bono Committee promotes pro bono legal services globally, through the IBA Pro Bono Declaration, the exchange of information and initiatives, and by promoting best practices.
Pro bono work supports access to justice where this right is not fully supported by legal aid. The Committee provides resources, including digital content and articles highlighting pro bono efforts by legal professionals, which can be found below.
The Committee is committed to advancing pro bono work across the profession and welcomes new members passionate about contributing to this mission.
Jun 30, 2021
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.
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. Innovative technologies in the form of, for instance, blockchain and distributed ledgers and digital assets held and/or traded on them, are offering fundamentally new ways to provide financial services, disrupting traditional trading, investment, payments, borrowing and saving, with the potential for enhanced efficiency, speed and accessibility.
IBA Annual Conference Mexico City 2024
The Communications Law Committee is a leading global forum for legal practitioners with specialist expertise or interest in the communications sector. The Committee offers members access to a worldwide network of leading practitioners, in-house counsel and regulators active in digital, communications and media markets. We encourage the sharing of sectoral expertise through regular publication of articles, periodic issues of our technical journal, the annual committee conference hosted jointly with IBA Antitrust Section, and specialised sessions at the IBA Annual Conference.
The scope of the Committee’s work covers network, service and content-related developments across all delivery platforms. This provides members with access to practical global perspectives on the array of technological, commercial and policy issues which confront communications lawyers, their companies and clients.
Jun 24, 2021
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.
Innovation in digital assets continues at a rapid pace, yet their status under the security laws of most jurisdictions is still the subject of litigation and emerging regulation litigation. This panel will discuss the considerations around which, if any, digital assets are correctly characterised as securities, the regulatory regime for intermediaries, and recent regulatory enforcement actions.
IBA Annual Conference Paris 2023
The Anti-Corruption Committee brings together public and private-sector practitioners to advance understanding of global anti-corruption laws, enforcement trends, and compliance practices. The committee supports members through conferences, research, and practical collaboration on emerging risks, enforcement developments, and asset recovery.
Sep 17, 2024
The rise of the digital economy in the second decade of the 21st century is significantly transforming the global financial markets.
As our lives become increasingly digital, estate planners and advisors face several challenges in managing everything from cryptocurrency wallets to social media accounts after their clients' deaths. This panel explores the complexities of identifying, valuing, and transferring digital assets, addressing critical questions about their location, taxation, and the emerging legal frameworks that govern them. Join our panel of experts as they navigate the intersection of technology and law, offering practical insights into protecting and preserving digital wealth across generations while examining ongoing efforts to harmonise digital asset treatment across jurisdictions.
30th Annual International Private Client Tax Conference: transforming (un)expected challenges into opportunities for the next 30 years
The Committee focuses on inheritance rights, will making, lifetime giving, trusts, creditor claims, regulatory compliance, charities, taxation, property rights, and conflict of law rules, considering both domestic and cross-border implications. Members benefit from enhanced knowledge, expertise in cross-border issues, global networking, and access to leading experts. The committee addresses international planning, comparative law, and topics like individual tax in cross-border contexts, trusts for planning, international successions, and asset protection. It frequently holds joint sessions with the Taxes committee and other IBA sections, offering a valuable resource for practitioners in private client work.
The advent of digital assets has ushered significant changes in the global financial landscape, offering innovative solutions while also posing compliance challenges, particularly with respect to money laundering and corruption. This panel will examine complexities in regulating digital assets – given risk factors such as anonymity, global accessibility, decentralisation and lack of effective oversight – and impacts on combating illicit financial activities.
20th Annual IBA Anti-Corruption Conference
Jan 31, 2024
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.
This session will discuss:
- current regulatory landscape in relation to digital assets and stablecoins across certain jurisdictions;
- latest legal and regulatory developments and upcoming regulatory regimes in relation to digital assets;
- cross-border virtual assets transactions and legal implications; and
- recent trends in tokenisation projects and other market trends
5th Asia-based International Financial Law Conference
Oct 31, 2018
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.
Sep 17, 2024
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.
The legal landscape of the metaverse, NFTs and digital assets: what lawyers need to know
Dec 21, 2022
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.
7th IBA Asia Pacific Regional Forum Biennial Conference
Apr 06, 2022
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.
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Institutionalising crypto – How political, regulatory and market forces are reshaping the landscape for digital asset funds This panel will explore new opportunities and risks in this historically volatile asset class. Topics will include:
- Have the battle for spot-based crypto ETFs and the 2024 US elections have shifted the market for digital asset funds globally;
- How crypto is building traction as an institutional asset class;
- What are the implications for liquidity, innovation and product development in the digital asset funds space;
- Can digital asset fund sponsors move the market beyond Bitcoin and Ether to more exotic fund offerings;
- How traditional fund sponsors are tokenizing their funds’ shares;
- Will clearer regulations alone promote more stable institutional demand or is active enforcement.
34th IBA Global Challenges and Opportunities for the Asset Management Industry Conference
Oct 08, 2021
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?
The treatment of crypto-assets in collateral arrangements remains an area of major legal uncertainty. Moreover, a key issue that surfaced on day one after the first insolvency proceedings were commenced with respect to crypto companies in mid-2022 was the treatment of property rights and interests in crypto assets. The session will expand on the relevant issues (including questions of applicable law; issues of ownership, possession, transfer and control of a digital asset; how to establish collateral and security interests; risks relating to custody and intermediation; and effects of technological events such as forks, staking, etc) and will also provide an overview of the related work of UNIDROIT.
38th IBA International Financial Law Conference
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.
This fourth panel will explore the rapidly evolving landscape of disputes arising from virtual assets, including cryptocurrencies, blockchain innovations, and digital tokens. Our experts will analyze the latest trends driving growth and disputes in the fintech sector, and the main challenges faced by parties and arbitrators dealing with these issues, including the predictability of future asset values in these dynamic markets, and the impacts of an ever-changing regulatory landscape.
27th Annual IBA Arbitration Day: “New Horizons”: focusing on the influence of new technologies, sectors and geographies on the future of human living and the evolution of International Arbitration
A webinar presented by the IBA Family Law Committee. 28 September 2020, 1400 – 1500 BST
In October 2022 the European Union published two pieces of legislations for regulating content and fairness and contestability in digital services. Accordingly, online intermediary services, and in particular online platforms, are subject to stringent regulations, which may impact how they conduct their business and develop new services.
IBA Annual Conference Paris 2023
Aug 28, 2023
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.
With increasing dependence on digital infrastructure comes a heightened focus on security and sovereignty in the digital realm. This session will delve into the intersection of competition law and national security concerns, addressing the implications of data localisation requirements, cybersecurity, and digital sovereignty policies. Experts will discuss how competition law and regulation can play a role in promoting secure and resilient digital markets while balancing national security interests and cross-border data flows.
34th Annual IBA Communications and Competition Law Conference
Panelists will discuss the features that make distributed‑ledger technologies particularly valuable for compliance—such as immutable audit trails, enhanced traceability of assets and payments, and automated controls enabled through smart contracts.
Compliance, governance and innovation: balancing risks and opportunities of doing business in Latin America
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.
Increased interoperability, data sharing and digital innovation seem to offer the answers to address not only crucial needs in healthcare – such as data consistency, operational efficiency, evidence-based practices, continuity of care and better population health management – but also to allow content and asset portability in other systems and platforms, such as metaverse, banking and other regulated sectors.
IBA Annual Conference Mexico City 2024
Report on a session of the International Commerce and Distribution Committee at the IBA Digital Operations Conference in Hamburg, Thursday 14 November 2019.
As we navigate an era of unprecedented digital transformation, understanding the tax dynamics associated with it becomes crucial. Our panel will take a deep dive into the taxation challenges and complexities associated with transactions within cryptocurrencies, digital platforms, and the emerging metaverse. This exploration underscores the need for comprehensive, equitable tax laws that keep pace with rapid technological advancements. Our panel of experts will offer insights into existing tax legislation, highlight potential gaps, discuss the need for consistency across jurisdictions, and explore the economic implications of these digital phenomena, all while providing strategies to navigate the contemporary tax landscape.
Annual IBA The New Era of Taxation Conference
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.
Asset recovery constitutes an essential component of a party’s litigation strategy. Planning for asset recovery early in the legal proceedings enables parties to minimise the risk of dissipation or concealment of assets by counterparties.
8th IBA Asia Pacific Regional Forum Biennial Conference: Vibrant Asia – Land of opportunity and promise
Art: private passion or private client asset?
Ivana Zivanovic
Olivier Le Goff
This panel will discuss how to approach recovery of assets which, from a procedural, logistical or practical perspective may be challenging to trace, attach or to recover against (eg, intellectual property rights and specific commodities), or concern assets for which there is still little expertise (eg, digital assets).
IBA Asset Recovery Conference
Jan 18, 2022
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
Legal issues in the metaverse related to data protection, intellectual property, immersive commerce and digital assets, represent a vast opportunity and new challenges for lawyers the world over.
Biennial IBA Latin American Regional Forum conference
A virtual conference presented by the IBA Asset Management and Investment Funds Committee, 8-10 March 2021
HumanRightsIn December 2020, the United Nations' Human Rights Office and the University of California, Berkeley's Human Rights Center published an advance version of the Berkeley protocol on digital open source investigations. Created through a collaborative
international process, the protocol was designed to set professional standards and guidelines for the identification, collection, preservation, verification and analysis of digital open source Information.
IBA Annual Conference Miami 2022
Jun 02, 2023
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.
This session will ask the questions of where, why and how investors are allocating digital infrastructure.
16th Annual IBA Real Estate Investments Conference
In such times when, digital was trending as a prefix - such as digital economy or digital transformation - boards across the globe embraced digitalization as the new normal. The panel will discuss emerging trends in corporate governance in the digital world, digital literacy and penetration at the board level, how boards contribute to digital transformation, and Corporate Governance 2.0 in this context. The panel will also consider how a digital-literate board and good governance practices can prepare a company to survive the seemingly omnipresent cybersecurity threats that accompany the digital revolution.
8th Annual Corporate Governance Conference
Art: private passion or private client asset?
Ivana Zivanovic
Olivier Le Goff
32nd Annual Conference on the Globalisation of Investment Funds
Nov 17, 2021
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.
How does extradition impact asset recovery? How do practitioners negotiate challenges?
3rd Annual IBA Asset Recovery Conference
Mar 28, 2023
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.
May 27, 2021
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.
This panel will examine how insolvency practitioners manage cross-border recoveries where assets span multiple jurisdictions, offshore structures and digital platforms.
31st Annual IBA Global Insolvency and Restructuring Conference
Aug 14, 2023
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’).
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