Principle 13 is entitled ‘Insolvency of a custodian and creditor claims’. Despite the title, the Principle is primarily devoted to the insolvency of the digital asset custodian. The purpose of these reflections is to discuss the consequences of a custodian's insolvency on the digital assets held or controlled by the custodian for its clients (the true owners of the digital assets), including the situation that arises when the custodian uses the services of a sub-custodian. Moreover, these reflections are also intended to shed light on the interesting issue known as “Shortfall”, which occurs when, in the case of digital assets of the same description, the quantity of digital assets maintained by the insolvent custodian for those clients is less than the aggregate quantity of digital assets of the same description that it is obliged to maintain for those clients.

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Principle 13 Insolvency of a Custodian and Creditor Claims

  • Nicolás Augoustatos Zarco

摘要

Principle 13 is entitled ‘Insolvency of a custodian and creditor claims’. Despite the title, the Principle is primarily devoted to the insolvency of the digital asset custodian. The purpose of these reflections is to discuss the consequences of a custodian's insolvency on the digital assets held or controlled by the custodian for its clients (the true owners of the digital assets), including the situation that arises when the custodian uses the services of a sub-custodian. Moreover, these reflections are also intended to shed light on the interesting issue known as “Shortfall”, which occurs when, in the case of digital assets of the same description, the quantity of digital assets maintained by the insolvent custodian for those clients is less than the aggregate quantity of digital assets of the same description that it is obliged to maintain for those clients.