TL4: Crypto Exchanges and Custodial Services – Contract, Trust, Fraud and Insolvency

Cryptoasset transactions are conducted through web-based exchange businesses, many of whom offer custodial services. Billions of dollars in value are held through the use of such custodians. In some cases the investor owns the benefit of a contract with the custodian, in others, they have a beneficial ownership in the underlying crypto.

The recent collapse of FTX (with the loss of over $8 billion of investor funds) has brought the legal status of these custodians into the limelight.

This event will examine the use of custodians, which can provide challenges to investors and to the advisers that they turn to for estate planning advice.

Determining what assets are the subject of the estate plan and how succession can be guaranteed involves understanding the contractual relationships and the legal consequences of fraud perpetrated on the custodian.

During this presentation, the panel will:

1. Identify the ways in which crypto-value can be held and their legal consequences;
2. Examine the planning of an estate that includes crypto-value;
3. Analyse the consequences of fraud perpetrated on custodians and any resulting insolvency.

Joining Leigh Sagar and Aidan Briggs on the panel will be Larry Fenelon (Ogier) and Jennifer Craven (Pinsent Masons).