Property (Digital Assets etc.) Act 2025 is a major development for the UK’s financial and technology sectors.

The Act legally recognises digital assets (like Bitcoin and stablecoins) as a distinct form of personal property, separate from the traditional categories of “things in possession” (physical objects) or “things in action” (contractual rights).

Why the Act is Important to UK Businesses

The primary importance of this Act to UK businesses is the provision of legal certainty and clarity in a rapidly evolving area. This has several key implications:

1. Strengthened Ownership Rights: For businesses holding or trading cryptoassets, this statutory recognition means their ownership rights are now on a firmer legal footing. They have clearer legal pathways to prove ownership, recover stolen assets (through processes like freezing orders), and enforce their property rights in court.

2. Increased Investment and Innovation: By reducing legal ambiguity, the Act makes the UK a more attractive jurisdiction for fintech startups, scale-ups, and global enterprises dealing in digital assets. It encourages investment by providing a predictable legal framework, which supports the development of new financial products and services.

3. Clarity in Corporate Insolvency and Financing:

   • Insolvency: Digital assets can now be clearly included in a company’s estate and claimed by creditors if a business goes into insolvency. This makes the administration process smoother.

   • Collateral and Lending: The clearer property status makes it easier to use digital assets as security or collateral for loans, potentially unlocking new funding avenues for businesses.

4. Integration with Traditional Law: It allows digital assets to be seamlessly integrated into existing legal processes, such as estate planning, trust structures, and cross-border litigation, saving time and reducing legal costs previously spent debating the assets’ fundamental legal status.

6 Business Risk Management Tips for UK Leaders

UK business leaders, especially those newly engaging with crypto assets or looking to expand their existing digital asset operations, should adopt a rigorous risk management strategy.

1. Establish a Comprehensive Regulatory Compliance Framework

• Action: Conduct a thorough Regulatory Gap Analysis to map your current and planned crypto activities against the evolving UK regulatory perimeter (e.g., the Financial Conduct Authority (FCA) rules under the Financial Services and Markets Act (FSMA)).

• Risk Mitigation: This addresses the risk of non-compliance (leading to fines, operating restrictions, or loss of license). Ensure robust Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) controls, including registration with the FCA if required for custody or exchange services.

2. Implement Superior Cyber Security and Custody Solutions

• Action: Treat the security of crypto private keys with the highest level of care. Adopt institutional-grade multi-signature (multi-sig) wallets, use third-party regulated custodians, and maintain strict key management policies with geographic and personnel separation.

• Risk Mitigation: This directly combats the high risk of theft and operational loss (e.g., due to hacking, phishing, or human error) which is irreversible on the blockchain.

3. Define Clear Governance and Risk Appetite

• Action: Form a dedicated Digital Assets/Treasury Committee to define clear exposure limits, maximum permissible volatility, and use-case scenarios for digital asset holdings. Establish clear protocols for asset acquisition, trading, and disposal.

• Risk Mitigation: This manages market risk (volatility) and governance risk. It ensures all digital asset activities align with the company’s overall risk appetite and are subject to transparent internal controls and audit.

4. Strengthen Consumer Protection and Transparency

• Action: If your business serves UK retail consumers, adopt measures that align with the FCA’s Consumer Duty.Ensure marketing materials and disclosures are clear, fair, and not misleading, with prominent risk warnings about the volatile and unprotected nature of crypto investments.

• Risk Mitigation: This shields the business from reputational and conduct risk by mitigating consumer detriment. New regulations will likely impose similar conduct-of-business rules as apply to traditional financial firms.

5. Review and Update Financial Reporting and Tax Procedures

• Action: Engage with specialist crypto accounting and tax advisors now. Develop systems to accurately track the cost basis, valuation, and capital gains/losses on digital assets in compliance with HMRC and accounting standards (e.g., IFRS or UK GAAP).

• Risk Mitigation: This addresses tax and audit risk. The unique nature of crypto transactions (e.g., staking rewards, DeFi yields, token swaps) requires specialised expertise to ensure accurate financial statements and prevent regulatory penalties.

6. Establish Comprehensive Legal Documentation and Insurance

• Action: Ensure all contracts, terms and conditions, and smart contracts clearly define the legal ownership, governing law (UK law), and jurisdiction for dispute resolution, leveraging the certainty provided by the new Act. Simultaneously, explore new-generation crypto insurance products for crime, custody, and potential smart contract failures.

• Risk Mitigation: This reduces legal risk by leveraging the new property status for enforceable contracts and manages financial loss risk by transferring certain unforeseen risks to an insurer.

7. Develop and Test Business Continuity Planning (BCP)

• Action: Incorporate potential digital asset failure scenarios into your existing BCP and disaster recovery plans. This includes protocols for managing a custodian failure, a major blockchain halt/fork, or a significant regulatory change that restricts operations (e.g., sanctioning specific tokens or chains).

• Risk Mitigation: This manages systemic and operational resilience risk. Given the global, decentralised, and 24/7 nature of crypto, traditional BCP procedures may be insufficient.

#UKCryptoRisk #DigitalAssetsAct #BusinessRiskTV #RiskManagement #CorporateGovernance

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UK Crypto Regulation Risk: 7 Steps UK Business Leaders Must Take After Digital Assets Act 2025