This article was first published in Digital Asset.
“Immutable” is a term that is frequently used when people talk about blockchain and the benefit of using this technology for record-keeping.
Financial institutions continue to prepare for the anticipated cessation of the publication of the London Interbank Offered Rate (LIBOR) benchmark after the end of 2021 and its replacement with “risk-free” overnight rates, including reformed SONIA (for sterling) and the new SOFR rate (for U.S. dollars). Transitioning affected financial products to the new rates and amending legacy books is a massive project for any sizable institution.
Virtual Currency: State of pandemonium continues
1. INTRODUCTION
1. In May 2019, the UK Jurisdiction Taskforce ("UKJT"), a subsidiary of the UK's LawTech Delivery Panel, issued a consultation paper on the status of cryptoassets and smart contracts in English private law ("Consultation Paper"). In his foreword to the Consultation Paper, Sir Geoffrey Vos, Chancellor of the High Court of England and Wales (the "Chancellor") commented that "perceived legal uncertainty" was the reason for some lack of confidence amongst market participants and investors in cryptoassets and smart contracts.1
The general view in Switzerland is that cryptocurrencies are intangible assets sui generis and as such can be subject to regular debt enforcement and insolvency proceedings in Switzerland (provided that these cryptocurrencies have a financial value).
This article highlights the particularities to be considered when cryptocurrencies are the target of an attachment procedure (ie, a freezing order) in Switzerland.
Attachment
The following must be established to obtain an attachment in Switzerland:
After publishing a very comprehensive report on distributed ledger technology (DLT) and blockchain in last December, the Federal Council initiated during its meeting on 22 March 2019 the next step by a public consultation on the adaptation of specific federal law provisions to developments in DLT and blockchain. This further underlines the emphasis of the Federal Council on creating the best possible framework to allow Switzerland to establish itself as a leading, innovative and sustainable location for fintech and DLT companies.
After publishing a very comprehensive report on distributed ledger technology (DLT) and blockchain in last December, the Federal Council initiated during its meeting on 22 March 2019 the next step by a public consultation on the adaptation of specific federal law provisions to developments in DLT and blockchain. This further underlines the emphasis of the Federal Council on creating the best possible framework to allow Switzerland to establish itself as a leading, innovative and sustainable location for fintech and DLT companies.
The Swiss Federal Council recently released a comprehensive report on the embedding of the Blockchain technology into the Swiss legal framework: This report shall guide the way to bringing the legal certainty for the Swiss Blockchain ecosystem to the next level.
This article was first published in The Commercial Litigation Journal.
