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Article 12 of the US UCC and the Draft English Property (Digital Assets etc) Bill 2024: Potential Impacts on Fund Finance Transactions
Reprinted from: Butterworths Journal of International Banking and Financial Law | 05/23/2025Cadwalader’s Chris McDermott, George Pelling, Eric Starr, John Donnelly, Alix Prentice and Trent Lindsay have co-authored an article in Butterworths Journal of International Banking and Financial Law, “Article 12 of the US UCC and the Draft English Property (Digital Assets etc) Bill 2024: potential impacts on fund finance transactions” published on May 6.
In the article, the authors examine how recent legal developments in the U.S. and U.K. may impact the treatment of digital assets as collateral in fund finance transactions. They compare the U.S. Uniform Commercial Code’s new Article 12—which introduces the concept of “controllable electronic records”—with the U.K.’s draft Property (Digital Assets etc) Bill 2024.
Read the full article here.