News & Analysis as of

Uniform Commercial Code (UCC) Non-Fungible Tokens (NFTs)

Mayer Brown

The Promise and Potential of Blockchain and New UCC Article 12

Mayer Brown on

Executive Summary: In the summer and fall of 2022, electronic transactions were undergoing a sea change, but riding different tides: in the summer, the Uniform Law Commission approved a set of amendments to the Uniform...more

Tonkon Torp LLP

Uncertainty in Oregon for Crypto Assets Under Commercial Law

Tonkon Torp LLP on

While some states have moved to adopt model Uniform Commercial Code (UCC) provisions to provide a clear legal framework for commercial and secured transactions involving crypto assets, Oregon has yet to take action. This is a...more

Saul Ewing LLP

Digital Assets and the UCC: Article 12 Legislative Updates

Saul Ewing LLP on

New amendments to the Uniform Commercial Code (UCC) have been proposed which relate to transactions involving cryptocurrencies, digital assets, and blockchain technology. The amendments add a new Article 12 to the UCC, which...more

Lathrop GPM

Digital Assets as Collateral Under the Uniform Commercial Code

Lathrop GPM on

In 2019, the American Law Institute (“ALI”) and Uniform Law Commission (“ULC”) began developing amendments to the Uniform Commercial Code (“UCC”) to adapt to the changing landscape of transactions involving digital assets,...more

Proskauer - Blockchain and the Law

Part II: NFT Lending — Legal Issues Involving Secured Transactions under the UCC, Pre- and Post-Article 9 and 12 Amendments

As discussed in Part I of this series, NFT-based lending is pioneering a new avenue of investment and activity on the blockchain that will enable new and innovative use cases. In this Part II, we will discuss the implications...more

Proskauer - Blockchain and the Law

Part I: NFT Lending — Legal Issues Involving Secured Transactions under the UCC, Pre- and Post-Article 9 and 12 Amendments

Despite the protracted crypto bear market, innovators in non-fungible tokens (“NFTs”) are hard at work. Gone are the days when NFTs were merely profile pictures (“PFPs”) displayed on a pseudonymous social media account or...more

Seyfarth Shaw LLP

Possessing the Unpossessable – Holding Digital Assets in Your UCC Hands

Seyfarth Shaw LLP on

Non-fungible tokens, crypto tokens, cryptocurrencies, and other digital assets generally cannot be held in your physical hands, but they may now be legally possessed, under the Uniform Commercial Code in Delaware and other...more

Seward & Kissel LLP

Building Blocks, LTL 2.0 DOA, FTX First Try, and UST Last Chance Saloon

Seward & Kissel LLP on

BlockFi’s Chapter 11 plan progresses with conditional court approval | Cointelegraph - United States Bankruptcy Court for the District of New Jersey recently conditionally approved Blockfi’s disclosure statement. If the...more

Levenfeld Pearlstein, LLC

Who Owns Crypto Assets? Know the Risks

Until recently, the nature of ownership of assets on deposit with a third party was not controversial. If a local bank branch goes bankrupt, the cash or other assets deposited with the bank belonged to individual...more

Mintz - Bankruptcy & Restructuring Viewpoints

Securing the Digital Bag: Newly Promulgated UCC Article 12 and Amendments to UCC Article 9 Provide Guidance on Ownership of and...

Notwithstanding recent turbulence in the cryptocurrency markets, digital assets of all types are seemingly here to stay. Bitcoin, stablecoins, non-fungible tokens a/k/a NFTs, and even digital currency exchanged in the...more

Harris Beach PLLC

Proposed UCC Amendments Set Guidelines for Security Interests in Digital Assets

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Lenders looking to take security interests in digital assets, including cryptocurrency and non-fungible tokens (NFTs), may gain some certainty in the near future. The Uniform Commercial Code (UCC) sponsoring...more

Bracewell LLP

New UCC Article 12: Foreseeable Issues with Using Cryptocurrencies and NFTs as Collateral

Bracewell LLP on

Now that state legislatures across the country are working to approve the much anticipated Article 12 to the Uniform Commercial Code (UCC), it is time to prepare for transactions with cryptocurrencies and non-fungible tokens...more

Steptoe & Johnson PLLC

2022 Uniform Commercial Code Amendments Address Emerging Digital Technologies

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The market for digital assets, such as cryptocurrency and nonfungible tokens (NFTs), all of which are considered intangible personal property, continues to evolve and, as a result, digital assets are increasingly sold or...more

Holland & Knight LLP

Recent Meta Policy Statement Outlines Goals, Hopes for Metaverse Regulator Activity

Holland & Knight LLP on

Meta released a position paper concerning its most recent thoughts about regulation in the metaverse on Dec. 2, 2022. Noting its ongoing work with the Metaverse Standards Forum (which Meta established in June 2022 and now has...more

McGlinchey Stafford

What Louisiana companies need to know about cryptocurrency and digital transactions

McGlinchey Stafford on

Talk of bitcoin and cryptocurrency has been unavoidable in recent years. What should Louisiana businesses understand to play in this new sandbox? First, the American Law Institute (ALI) and the Uniform Law Commission (ULC)...more

Orrick, Herrington & Sutcliffe LLP

The Uniform Commercial Code and Digital Assets: What You Need to Know

Digital assets have soared in popularity, with waves of innovation outpacing legislation and regulation. To try to narrow the gap, the Uniform Law Commission has urged U.S. states to change commercial law governing the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Amendments to Uniform Commercial Code Aim To Provide Clarity on the Transfer of Digital Assets

Over the last few years, stakeholders in the digital asset space have questioned how digital assets should be treated for purposes of the Uniform Commercial Code (UCC), a comprehensive body of laws relating to commercial...more

Holland & Knight LLP

Borrowing and Renting in the Metaverse: The Disputes Are Yet to Come

Holland & Knight LLP on

Second Life, which was brought to virtual life by Linden Lab in 2003, is widely acknowledged as the first "metaverse" in which individuals could acquire, build on and, if they wished, sell virtual land. Coming to life long...more

McGlinchey Stafford

Podcast: DeFi and Digital Assets: What do the UCC Amendments Mean for Business Transactions? [More with McGlinchey, Ep. 46]

McGlinchey Stafford on

Big changes are coming to the UCC, the Uniform Commercial Code, with regard to cryptocurrency and other digital assets. What will that mean to business transactions involving those digital assets going forward? In this...more

UB Greensfelder LLP

New UCC Amendments to Establish Ground Rules for Blockchain Transactions and Crypto-Backed Secured Financings

UB Greensfelder LLP on

Just as cryptocurrency markets are attempting to thaw out from a “crypto winter,” a joint committee of the Uniform Law Commission (ULC) and the American Law Institute (ALI) has finalized a significant and wide-ranging...more

Dechert LLP

The UCC and Emerging Technologies: Proposed Amendments

Dechert LLP on

Emerging technologies, such as bitcoin, blockchain and non-fungible tokens (“NFTs”), have led to the creation of massive alternative investment vehicles, additional portfolio diversification as well as expansion of the...more

King & Spalding

State Attorneys General Poised to Elevate Regulatory Scrutiny of Digital Asset Businesses

King & Spalding on

The Attorney General Alliance (“AGA”) recently issued a collaborative White Paper that signals heightened scrutiny of digital asset businesses by state Attorneys General in coming years. Recognizing that it is “no longer...more

Orrick - On the Chain

2022 Is the Year of Sweeping Changes for Cryptocurrency and Other Digital Asset Transfers

Orrick - On the Chain on

What to look out for in the proposed new Chapter 12 of the Uniform Commercial Code (UCC) The world of cryptocurrencies and other forms of digital assets (such as non-fungible tokens) is exploding. While Bitcoin is the...more

McGlinchey Stafford

Tokenization of IP Rights and NFTs in Commercial Finance [More with McGlinchey, Ep. 32]

McGlinchey Stafford on

In our increasingly digital economy, cryptocurrencies and non-fungible tokens, or NFTs, have gained popularity for everything from consumer transactions to securities. In this episode of the "More with McGlinchey" podcast,...more

Sunstein LLP

NFTs – A Novel Challenge For Traders, Investors and Copyright Lawyers

Sunstein LLP on

Non-fungible tokens (or “NFTs”) are expanding rapidly into the mainstream in new and creative ways, behooving us to learn more about them. An NFT is a digitized, authenticated “token” that is linked to a digital asset. NFTs...more

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