Articles by author
Transferring legal title to a digital asset: shared and limited control arrangements (Part 2)
In this article, Hin Liu proposes a three-step structure for deciding what the rule for the transfer of title to a digital asset should be in the shared or limited control context. The structure provides a framework that can be applied by a legislature or court (or law reform body).
31 MAR 2024Digital assets: the mystery of the “link”
In this article Hin Liu explores the meaning of a “linked” or “exogenous” cryptoasset and analyses whether holding a token (in this case non-fungible tokens (NFTs), security tokens and physical goods tokens) that is purportedly linked to an underlying asset or right carries substantive legal effect(s). Where the token is linked to legal rights outside the blockchain, he analyses whether the token itself constitutes property.
1 MAR 2022Transfers of equitable interests in the digital asset world
In this article Hin Liu explains why it is uncertain whether commercial parties can transfer their equitable interests under certain digital asset arrangements. He suggests the need for statutory reform to maintain the necessary confidence that transactions in the digital asset world can take effect as intended.
1 MAY 2022Financial collateral arrangements in the digital asset world
This article covers three issues: (i) which kinds of digital assets (arguably) fall within the Financial Collateral Arrangements (No. 2) Regulations 2003 (FCARs); (ii) what is likely to constitute “possession or control” of a digital asset for the purpose of the FCARs (where a security financial collateral arrangement is involved); and (iii) whether the FCAR regime is appropriate in the digital asset context (and whether there needs to be a separate regime that applies specifically to digital assets).
1 SEP 2022Transferring legal title to a digital asset
In this article, Hin Liu considers what should be required to transfer legal title to a digital asset. He argues that the requirement should be a “change of control” coupled with an intention to transfer title, and that it would be inappropriate to require an “on-chain transfer”.
1 MAY 2023
