Norton Rose Fulbright’s global blockchain and cryptocurrency team has produced a global legal and regulatory guide to cryptocurrencies.

The guide is issued in a series of chapters, published monthly.

Chapter 5: Taking security over cryptocurrencies

The question of whether it is possible to take security over a cryptocurrency depends on a number of considerations, some legal in nature but others more commercial.

In this chapter we look at what we think are some of the current challenges to taking security over cryptocurrencies and how security might be taken.
We will consider:

  1. What is the value of the security being taken?
  2. Is cryptocurrency capable of being given as security?
  3. Why is the question of ownership important?
  4. Why is regulatory risk an issue?
  5. What kind of security could be created over cryptocurrency?
  6. Why is enforcement of security an important consideration?
  7. The impact of insolvency of the owner of cryptocurrencies.
  8. What is the value of the security being taken?

Other chapters in the series:

If you would like to discuss any aspect of this topic further, please get in touch.



Contact

Sean Murphy
Sean Murphy
Global head of FinTech
Email
sean.murphy@nortonrosefulbright.com
T: +44 (20) 74445039

Practice area:

Industries:

Recent publications

Publication

Illumina wins at top EU court – The EU Commission cannot encourage or accept referrals of concentrations without an EU or national dimension

On 3 September 2024, the ECJ delivered its judgment in Illumina’s appeal against the General Court’s (GC) judgment confirming the European Commission’s (EC) powers to review concentrations under the EU Merger Regulation (EUMR) in circumstances where no Member State has jurisdiction under national law.

Global | September 12, 2024

Merger control
Corporate-people-crowd-walk-walker-office-business-center

Publication

Keeping your dawn raid guidance current

Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.

Global | August 29, 2024

Antitrust and competition

Publication

Ireland

On 31 October 2023, the Screening of Third Country Transactions Act 2023 (the “Act”), which establishes a new foreign direct investment ("FDI") screening regime in Ireland, was enacted.

Global | August 21, 2024

Antitrust and competition
Site search

Subscribe and stay up to date with the latest legal news, information and events . . .

Register now