Hashing It Out: Problems and Solutions Concerning Cryptocurrency Used as Article 9 Collateral

Abstract

"The article analyzes the potential uses of cryptocurrency as collateral in Article 9 secured transactions. At present, there is no clear guidance as to what status, if any, cryptocurrency has as collateral under Article 9. This paper briefly defines cryptocurrency, explains how it functions in its various forms, and shows why it would behoove lenders to utilize cryptocurrency as collateral. The current regulatory efforts over cryptocurrency are discussed to provide some context, through which the proposed actions and revisions of Article 9 are viewed. Finally, this paper recommends how cryptocurrency can be used as collateral under Article 9 under the current system, suggests possible revisions or explanatory notes which can be added to Article 9 to provide clearer guidance for policymakers and lenders alike."