TRS

New bill introduced in Parliament to clarify crypto’s legal status

The Property (Digital Assets etc) Bill, introduced in Parliament, will mean that for the first time in British history, digital holdings including cryptocurrency, non-fungible tokens such as digital art, and carbon credits can be considered as personal property under the law.

The Bill will also ensure Britain maintains its pole position in the emerging global crypto race by being one of the first countries to recognise these assets in law.

Previously, digital belongings were not definitively included in the scope of English and Welsh property law – leaving owners in a legal grey area if their assets were interfered with.

The new law will therefore also give legal protection to owners and companies against fraud and scams, while helping judges deal with complex cases where digital holdings are disputed or form part of settlements, for example in divorce cases. Justice Minister Heidi Alexander said:

“Our world-leading legal services form a vital part of our economy, helping to drive forward growth and keep Britain at the heart of the international legal industry.

It is essential that the law keeps pace with evolving technologies and this legislation will mean that the sector can maintain its position as a global leader in cryptoassets and bring clarity to complex property cases.”

President of the Law Society of England and Wales Nick Emmerson added

“The journey towards this new law has helped create more legal clarity around digital assets by reinforcing current practices established by court rulings. The Bill offers additional protections and strengthens the legal standing of digital assets in England as they continue to grow in importance. We hope that this legislation will drive innovation and growth leading to more predictable outcomes in legal cases, particularly benefiting victims of crypto-fraud and theft.”

The news also means the UK legal sector will be better equipped to respond to new technologies, attracting more business and investment to the legal services industry which is already worth £34 billion a year to the economy.

It is estimated that English law governs £250 billion of global mergers and acquisitions, and 40 per cent of global corporate arbitrations, so keeping the law up to date is vital to ensuring that the UK remains the law of choice internationally.

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