In Canada, cryptocurrency can be used as collateral, which has raised several concerns for lenders to consider.
Crypto
most likely falls under "intangible property;" therefore, lenders
should consider personal property security legislation accordingly.
- When issuing crypto, lenders should consider due diligence practices such as:
- Location of crypto: is the crypto in a digital wallet or under the possession of a third party?
- Borrowers should have full control over their digital wallet, and crypto should always be held in the borrower's wallet.
- If
the crypto is managed by a third party, such as a custodian, then
ensure it is registered with a regulatory body such as the U.S. SEC.
- Quality of crypto: Choose crypto included in the top 10 highest volume list of crypto (check the published list on CoinCap).
- Assess security law violations/risks: Bitcoin
and Ether are considered commodities in Canada. Double-check if the
crypto is a security versus a commodity in its jurisdiction.
- Consider global and U.S. stock market conditions: There
is an increased correlation between the price of crypto and U.S. stock
indices. Therefore, lenders should pay attention to global market
volatility.
- Lenders should ensure that crypto assets are described accurately and disclose information on crypto wallets.