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
Friday 12 May (1400 - 1515)
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, 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 |