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Treatment of Crypto-Assets in Insolvency: Lessons from Other Jurisdictions

Introduction Since the creation of bitcoin by “Satoshi Nakamoto” in 2009, the number of crypto-currencies has exponentially increased to over five thousand. This is in spite of the cold reception from regulators in many jurisdictions, including Nigeria. In 2020, Nigeria generated over US$400 million worth of crypto-transactions, ranking third globally in terms of volume of crypto-currency trade. A potential implication of this trend, is the possibility of insolvency proceedings involving crypto-currencies or crypto-assets. The peculiar characteristics of crypto-assets are likely to pose unique challenges in such proceedings. This discourse examines some of these potential challenges, drawing lessons from some common law jurisdictions.

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