Bitcoin Financing: UCC, Regulatory and Hedging Concerns
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will analyze legal challenges to financing bitcoin, for both bank and non-bank lenders. The panel will also discuss the underlying blockchain architecture for transferring bitcoin and other cryptocurrencies, and the issues to address when perfecting a UCC security interest in those currencies.
- Reasons for financing bitcoin—tax advantages, buying on margin
- Bitcoin as a commodity—regulation by the CFTC
- Providing Financing to Retail Borrowers
- Use of Proceeds—purchasing Bitcoin v. purchasing other assets
- Obtaining a UCC security interest on the blockchain
- Hedging against price movement—bitcoin and other currencies
The panel will review these and other key issues:
- How does the categorization of bitcoin as a commodity impact its financeability?
- What are some of the issues with perfecting a UCC security interest within a blockchain?
- How might lenders hedge against price fluctuations for bitcoin and other cryptocurrencies?
- How should a lender document a loan secured by bitcoin?
Mr. Frankle focuses his practice on secured lending transactions with an emphasis on loans secured by equity collateral... | Read More
Mr. Frankle focuses his practice on secured lending transactions with an emphasis on loans secured by equity collateral with varying levels of liquidity. These syndicated or bilateral loans are generally secured by hedge fund interests or concentrated listed stock positions. He also represents major financial institutions in securities law and equity derivative matters. He also focuses on equity swaps trading and tax structuring.Close
Alexander T. Grishman
Haynes and Boone
Mr. Grishman focuses his practice on commercial and corporate finance transactions, including the representation of... | Read More
Mr. Grishman focuses his practice on commercial and corporate finance transactions, including the representation of banks, financial institutions and private investment funds in connection with margin stock lending, asset-based financings, acquisition financings and the restructuring of existing credit facilities. In addition, he provides regulatory advice to prime brokers and advises start-ups in a variety of industries, including in-store digital media networks and clothing and apparel.Close
Andrew C. Helman
Mr. Helman is a business, work-out, and restructuring attorney and works with all types of businesses, including those... | Read More
Mr. Helman is a business, work-out, and restructuring attorney and works with all types of businesses, including those in the health care sector, to help them protect their assets. A large part of his work is focused on helping clients, both debtors and creditors, find solutions to problems caused by financial distress and counseling them on how to avoid those problems in the future. He also represents clients in distressed and non-distressed transactions, business litigation, and preference actions.Close