Cryptocurrencies and trustees: what are the risks?

Abstract

Abstract This article is interested in the risk exposure to trustees from cryptocurrency investment. Recent case law has established that cryptoassets are to be deemed as legal property, and, in consequence, can form the subject matter of a trust. This is interesting because it creates a real risk for trustees, who may purchase cryptocurrency as an investment opportunity pursuant to their statutory investment duty. The article suggests that there are three main risks for trustees: (i) regulatory risk; (ii) market risk; and (iii) reputational risk. In truth, a trustee that invests in cryptocurrency runs the risk of direct, personal liability.