38th IBA International Financial Law Conference

10 May - 12 May 2023

Verdi Room, Dom Pedro Lisbon

Session information

Taking collateral on crypto-assets - property rights and interests in crypto assets
Verdi Room, Dom Pedro Lisbon

Committee(s)

Banking & Financial Law Committee (Lead)
Securities Law Committee (Lead)

Description

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.

Session / Workshop Chair(s)

Klaus Löber European Securities Markets Authority, Paris, France; Public Section Liaison, Forum for Government and Public Lawyers

Speakers

Giorgio Bovenzi Haynes and Boone (New York), New York, New York, USA; Conference Quality Officer, Banking & Financial Law Committee
Angelo Chan VersiFi, New York, New York, USA
Henrique Corrêa da Silva Chairman New Economy Institute, Lisbon, Portugal
Kee Yeng Lee Allen & Gledhill, Singapore, Singapore; Secretary, Securities Law Committee
Isabel Pinheiro Torres Abreu Advogados, Porto, Portugal
Jorge Silva Martins CS´Associados, Lisbon, Portugal