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Deciphering Cryptocurrency’s Legal Standing: UK Government Proposes Adding it as a New Asset Class

Clarifying the Legal Status of Cryptocurrencies: UK Government Proposes Adding Cryptocurrency as a New Property Category

The UK government has introduced a bill to Parliament aimed at clarifying the legal status of digital assets such as cryptocurrencies, NFTs, and tokenized real-world assets (RWA). This bill will explicitly define digital assets as personal property under UK law. If enacted, this legislation will provide guidance to legal professionals in cases of disputes over ownership, such as during divorce proceedings. Additionally, it will offer protection to cryptocurrency holders, whether individuals or companies, in cases of fraud or scams.

The core of this proposal lies in adding a new property category beyond the existing categories of “Things in possession” (such as money and cars) and “Things in action” (like bonds and stocks). UK Minister of Justice, Heidi Alexander, stated that the new property category will grant digital assets the same legal status as personal property.

Earlier this year, the Law Commission responsible for reviewing and recommending amendments to English and Welsh law released a consultation on a legislative proposal to classify cryptocurrencies as property. According to the Ministry of Justice, the conclusions of the report primarily apply to digital assets, with cryptocurrencies being a key focus.

The Law Commission stated in its report: “We have concluded that some digital assets are neither choses in possession nor choses in action, yet English and Welsh law still treats them as choses, i.e., things that can be claimed as personal property.”

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