ISDA Response to Law Commission Consultation on Digital Assets

On November 4, ISDA submitted a response to the Law Commission’s consultation on digital assets.  The response notes the importance of achieving greater legal certainty and offers feedback on the Law Commission’s proposal for the law of England and Wales to recognize “data objects” as a third category of personal property. The response highlights certain boundary issues that should be considered when developing the precise criteria for this new category, including in relation to voluntary carbon credits. The response also provides feedback on certain other questions relating specifically to the transfer and custody of digital assets.

Documents (1) for ISDA Response to Law Commission Consultation on Digital Assets

Safe, Efficient Markets for SFTs

Securities financing transactions (SFTs) – including repurchase agreements (repo), securities lending, buy/sell backs and margin lending – are foundational to the functioning of modern financial markets. They support the day-to-day distribution of liquidity, enable collateral to move efficiently across cash...

ISDA Recommendations to Simplify EU Regulation

On March 9, ISDA submitted a paper to the European Commission setting out focused proposals to improve the functioning of the EU regulatory framework for derivatives. The paper comprises eight targeted recommendations to simplify selected Level 1 provisions in a...