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Cryptoasset, or cryptocurrency meaning

What does Cryptoasset, or cryptocurrency mean?
In legal practice, a cryptoasset (cryptocurrency) describes a cryptographically secured digital representation of value or rights—such as Bitcoin—recorded on a distributed ledger and transferable electronically. Cryptoassets may function as a medium of exchange or as investment‑type tokens; they are commonly traded in a manner analogous to commodities and can be used to purchase goods or services. UK usage: ‘Cryptoasset’ is a statutory term in the Money Laundering Regulations 2017 and in the Financial Promotion Order (as amended), which also uses ‘qualifying cryptoasset’. The FCA supervises anti‑money laundering compliance of cryptoasset exchange and custodian wallet providers and restricts financial promotions. English courts have recognised cryptoassets as property capable of proprietary injunctions, tracing and other remedies (AA v Persons Unknown). Scotland and Northern Ireland follow broadly consistent practice, subject to differing property concepts. In Ireland, the Criminal Justice (Money Laundering and Terrorist Financing) Acts use ‘virtual asset’ for AML supervised by the Central Bank of Ireland, while MiCA (Regulation (EU) 2023/1114) defines ‘crypto‑asset’ and introduces authorisation and conduct rules. Key issues include custody and title, security and insolvency, tracing and recovery, financial promotions, AML/CTF registration, sanctions and tax.
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View the related News about Cryptoasset, or cryptocurrency

NEWS
Financial services regulation weekly: UK, EU and international developments, enforcement and key dates—16 May 2024

In this issue: Highlights: ECON’s FIDA report; growing focus on non‑financial misconduct; PRA feedback to c70 firms on recovery planning; EBA consults on CRR3 RTS for unfinished property; UK sanctions amendments (SI 2024/643) and updated OFSI licensing guidance; FOS update on motor finance commission complaints; FCA enforcement activity and scrutiny of plans to publicise investigations, with OFR EEA equivalence regulations and a Lords inquiry; sentences for insider dealing and perverting justice; Market Watch 79 on surveillance failings; building societies urged to embrace technology; SRB’s 2024 MREL policy; MiFID II equivalence SI; ESMA guidelines on ESG fund names and IA SDR Q&A; reminders on virtual/hybrid unitholder meetings; new PSD reporting flowcharts and an MBFS excess mileage undertaking; Solvency II technical information, Commission request for EIOPA advice, and EIOPA’s risk dashboard; concerns over pensions dashboard safeguards; ECB opinion on PSD3/PSR and PSR mid‑point strategy review; BCBS defers the cryptoasset standard to 1 January 2026 and a crypto advice firm wound up; expert views on the FCA’s stance on AI; plus alerts,...

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View the related Practice Notes about Cryptoasset, or cryptocurrency

PRACTICE NOTES
Litigating Cryptoassets: Property Status, Causes of Action, Interim Relief, Tracing and Enforcement in England and Wales

This Practice Note on cryptoassets (a type of digital asset) for dispute resolution lawyers outlines what cryptoassets are and why litigators must understand how they function and where they feature in their cases—namely, the kinds of claims that may arise (currently involving chiefly cryptocurrencies), whether forming the crux of the dispute or appearing within the surrounding factual matrix. See: Cryptoassets for dispute resolution lawyers—overview for recognition of the broader range of digital assets (such as non-fungible tokens (NFTs) and digital securities) to which comparable issues apply regarding the status of such assets under English law as to the creation, protection and enforcement of rights, particularly given their intangible quality, the novel technologies in which they are created/exist and the largely international (and thus seemingly fluid) character commonly associated with them. Note that this is a developing area of law; see Practice Note: Tracker—cryptoassets for Dispute Resolution lawyers (though this does not address the regulatory aspects of digital assets and cryptoassets). What are cryptoassets? A cryptoasset—also referred to as...

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PRACTICE NOTES
Cryptoassets and corporate insolvency: legal status, tracing and control, cross-border recognition, crypto-denominated claims, realisation strategies, office-holder risks and emerging regulatory reforms

Cryptoassets—the basics At its most basic, cryptoassets are a type of digital currency that uses cryptography to validate transactions conducted in that currency. Functioning without a central authority, they provide near-instant, pseudonymous transfers, operating outside the conventional banking system. For further reading on the formation of cryptoassets, see: Fintech—overview Cryptoassets—overview Practice Note: Web 3.0, digital assets and cryptoassets—essentials Insolvency and restructuring in the context of cryptoassets This Practice Note examines issues an insolvency professional (including an insolvency practitioner (IP)) may encounter when appointed to handle a cryptoasset-related insolvency. It does not address the position of cryptoassets within personal bankruptcy. Although it is broadly accepted that legal and regulatory scrutiny of cryptoassets lags behind, legislators and regulators—alert to their rapid expansion and market capitalisation—are swiftly strengthening existing frameworks or crafting new regimes. For further information, see Practice Notes: UK regulation of cryptoassets EU regulation of cryptoassets Supranational approach to the regulation of cryptoassets...

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