Cryptocurrencies de facto
- 16.09.2019
- Kajikasa
- Online betting us politics articles
- 3
Even if known, it can be difficult to prove that a party has cryptocurrency assets if the passwords or keys have been lost or retained by the other party following separation. The first step is to ascertain whether your partner has cryptocurrencies. If you happen to know or suspect that your former partner has cryptocurrencies, the second step is to find out how much cryptocurrency they have before you can move to the third step of placing a dollar value on those assets.
Why is the value of cryptocurrency important? An important consideration in Family Law proceedings is the extreme volatility of cryptocurrency in terms of its value. As discussed below, the Court has some ability to account for the manner in which cryptocurrency is an asset that can appreciate or depreciate dramatically within a given period, for example during a relationship or after separation.
However, the law in this area is still developing. The ownership of cryptocurrency over a long period means that parties may possess significant unrealised capital gains which may incur a large amount of tax payable on sale of the asset.
Although considering the value of assets at separation is a sound method in many instances of dividing an asset pool, cryptocurrency carries a much higher risk of extreme value depreciation or appreciation. How can the value of cryptocurrency be determined?
If you have information on how much cryptocurrency your former partner has, the dollar value of cryptocurrency can be identified with reference to the prevailing market price on exchange. This is akin to other assets in Family Law where the market value is used to assign value to an asset in the property pool.
There is a large number of high-volume exchanges operating which should provide a very reliable source of valuation, as long as you have information about the amount of cryptocurrency owned. If your former partner will not disclose how much cryptocurrency they have, the Courts have a range of approaches that they may employ in response.
While it is not a common approach, Courts have the option to order that electronic devices be seized using an Anton Pillar Order, should parties request this and it is deemed appropriate. Likewise, adverse inferences may be drawn if there is sufficient evidence of a party using sums of money for uses that they refuse to disclose, however there is little case law on this occurring and the other party being awarded a higher percentage of the assets of the relationship.
The value of cryptocurrency can be determined through options such as subpoenaing a collection of cryptocurrency entities but this is a difficult and drawn-out process as there are many entities that deal in cryptocurrency. For example, if a party uses a cryptocurrency exchange, it is possible to obtain exchange reports from that body but this can be a challenging process. Additionally, it is possible to track the expenditure of funds for cryptocurrency related purposes using the transactions displayed in bank statements, but this is only relevant in some instances.
The Court may decide to made an adverse inference against a party and potentially award them a higher proportion of the assets of the relationship. China has banned cryptocurrency multiple times in different ways. Yet, the popularity of trading virtual currencies has flourished among its citizens, and they are still the leaders in the cryptocurrency mining space.
The recent development from China has been that the government has already begun testing out its central bank-backed cryptocurrency with the intention to replace Yuan and USD for international transactions. If the developed countries like Japan, Australia, European and American nations are embracing crypto, it is highly probable that crypto could become the de-facto technology of the future. India cannot afford to miss out on such a huge opportunity by banning them.
DQ: What is the need for smart and sensible regulations in the cryptocurrency space? Clear regulations give confidence to the researchers, developers, founders, and other stakeholders in the ecosystem to focus on developing solutions for the next generation. India with its large talented Software developer community could take the forefront of this revolution.
By the end of many shut shop, and this number was reduced to This period has been seen by many cryptocurrency evangelists as one of the lowest points of Indian cryptocurrency history thus, far. Regulations bring in clarity that will help start-ups in this space to innovate and compete with the world, and not just focus on surviving. Investor protection is one other major reason for the need for regulations. Regulations will also create a safe environment for legitimate businesses to operate in the space and weed out entities using Cryptocurrency as a tool to cheat naive investors.
Any financial product with no investor protection is just going to encourage scammers to use it as a medium to swindle money from the ill-informed investors. Regulations will also pave the way for institutions to begin investing in this space. If the largest institutions in the international arena like Rothschild, Blackrock, and Vangaurd can choose to diversify their investment in the cryptocurrency space why should the Indian Institutions be barred from doing so? DQ: What are the prospects of cryptocurrency from an Indian context?
Many projects are currently being built on the decentralized ecosystem that challenges the existing Institutions that have lasted for more than a century. Further, decentralized technologies like Bitcoin, Ethereum can help remove the large middlemen like Facebook, google that control the flow of user data and return value to the customer. These apps could work like how Wikipedia or Firefox works. Free and open source.

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