Chapter 6: Financial services regulation Part 1: The proprietary status of cryptoassets
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This chapter looks at the proprietary character of digital assets or cryptoassets. Having an interest in an asset that is properly characterised as ‘proprietary’ can impact on the extent to which existing regulation can be applied to such an asset. And equally having a proprietary interest in any asset or investment can impact upon the causes of action that the holder of such an asset may avail of, and the remedies they might be able to obtain, in law, to vindicate those interests. This chapter reviews existing case law and establishes that cryptoassets ought to be treated as a form of personal property.

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