Treatment of Cryptocurrencies in Collective Proceedings

Extract

[...] The estimation of the value of digital assets taking into account their volatility 3. The adaptation of procedures to ensure the freezing and valuation of cryptocurrencies Chapter 2. Management of cryptocurrencies during the observation period Section 1. Availability and Access to Private Keys 1. Access to crypto by the judicial administrator: dependence on the legal representative. 2. The implementation of a distributed key management 3. Strengthening of storage and traceability of digital assets. Section 2. Fighting internal fraud and simulating key thefts 1. [...]

[...] The MiCA Law also recognizes property rights over crypto-assets, but leaves certain questions, particularly in insolvency proceedings, to be determined by national law. In the event of insolvency, the property status of crypto-assets is crucial. Their status has an impact on the distribution of assets in the context of a liquidation procedure and generates new challenges in the field of collective proceedings law. Therefore, we have structured the parts of this research paper to determine the accounting treatment of collective proceedings in the presence of digital assets in the company's assets. [...]

[...] Plan Part Cryptocurrencies, a necessary adaptation of corporate law in difficulty Chapter 1. The opening of the collective procedure and the apprehension of cryptocurrencies as assets Section 1. The impact of the opening of a collective procedure on cryptocurrencies 1. Criteria for opening a collective procedure based on available assets 2. The risks of nullity of transactions during the suspicious period 3. The implementation of the claim declaration taking into account cryptocurrencies Section 2. The stakes related to the transfer of the company in the event of a transfer plan 1. [...]

[...] The establishment of strengthened judicial oversight to prevent abuses and diversions. 2. Strengthening of internal controls and alert mechanisms 3. Determining the technical challenges of sequestration and management by the judicial administrator Part 2. EXIT PROCEDURE AND CRYPTOCURRENCY TREATMENT IN CASE OF JUDICIAL LIQUIDATION Chapter The encumbrance of the sale of digital assets in case of judicial liquidation Section 1. The Legal and Practical Framework for the Sale of Digital Assets 1. The role of the judicial commissioner in supervising the sale of digital assets 2. [...]

[...] Section The Legal Challenges of French Collective Procedure Law in the Face of Cryptocurrency Volatility 1. The mismatch between traditional timelines and procedures and the rapid fluctuations of cryptocurrencies. 2. The comparison with other more lenient legal systems (United States). 3. [...]