Highlights: Stablecoins are likely to be characterized as general intangibles under the UCC of non-Article 12 states....more
2/25/2025
/ Blockchain ,
Business Entities ,
Choice-of-Law ,
Collateral ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Financial Services Industry ,
FinTech ,
Limited Liability Company (LLC) ,
Loan Agreements ,
Regulation ,
Secured Debt ,
Securities Regulation ,
Stablecoins ,
Uniform Commercial Code (UCC)
Introduction & Key Takeaways - The year 2024 ended with some major legal fireworks, as two important courts issued contrasting New Year’s Eve decisions on the validity of “uptier” liability management transactions that have...more
The following article is part four of our series on the 2022 Amendments to the UCC. You can find the previous articles here. Our last article explored the amendments to the main definition of “money” in Article 1 of the UCC....more
When a Trade & Commodity Finance bank makes a secured loan to a commodities trader, the ultimate origin of the collateral is physical commodities. Even if the collateral transforms into intangibles like receivables, forward...more
At the bottom of the stack in investment fund structures, there are generally “real” assets—things like equity interests in portfolio companies, mortgage loans, commercial receivables, maybe even bricks and mortar. Fund...more
6/28/2024
/ Asset Management ,
Blockchain ,
Collateral ,
Cryptocurrency ,
Digital Assets ,
Equity ,
Financial Markets ,
Financial Services Industry ,
Financing ,
Investment Funds ,
Investors ,
Perfected Security Interest ,
Securities ,
Uniform Commercial Code (UCC)
The official drafting committees of the Uniform Commercial Code have promulgated proposed amendments (the “2022 Amendments”) to address transactions with certain digital assets, notably adding a new Article 12 on Controllable...more
After being approved by its drafting committees last summer, a new article to the Uniform Commercial Code is now making its way through state legislatures for enactment. Because the new Article 12 and its related code...more
A bill of lading is an old form of legal document. As merchants in the seventeenth and eighteenth centuries ceased accompanying their goods on ships and entrusted their proper delivery to the carrier, a need arose for a...more