This chapter provides an in-depth analysis of Principle 7, devoted to identifying a person in control of digital assets, following the novel approach set forth by the Principles. We explain how the Principle was developed and analyse its contents, focusing on the infrastructures underpinning the factual notion of Control. In this sense, we also introduce the new electronic ledger trust service recently approved by Regulation (EU) 2024/1183. Because qualified ledgers benefit from a legal presumption, they will facilitate the correct application of Principle 7 in practice.

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Principle 7 Identification of a Person in Control of a Digital Asset

  • Ignacio Alamillo-Domingo,
  • María Cristina Timón-López,
  • Julián Valero-Torrijos

摘要

This chapter provides an in-depth analysis of Principle 7, devoted to identifying a person in control of digital assets, following the novel approach set forth by the Principles. We explain how the Principle was developed and analyse its contents, focusing on the infrastructures underpinning the factual notion of Control. In this sense, we also introduce the new electronic ledger trust service recently approved by Regulation (EU) 2024/1183. Because qualified ledgers benefit from a legal presumption, they will facilitate the correct application of Principle 7 in practice.