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UCC Article 12: Legal Clarity for Crypto Loans

UCC Article 12: Legal Clarity for Crypto Loans

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by Giorgi Kostiuk

18 hours ago


Starting in 2025, UCC Article 12 introduces legal clarity for the use of cryptocurrencies as collateral in secured loans. This change is expected to increase financial organizations' participation in lending with crypto assets.

Legal Foundation for Crypto Lending

The American Law Institute and Uniform Law Commission have revised UCC Article 12 to provide legal certainty for using cryptocurrencies as collateral. This change aims to eliminate ambiguities in secured lending, facilitating broader acceptance among institutions.

"We strongly encourage all US states to adopt the UCC 2022 Amendments for legal uniformity in digital asset transactions," emphasized the Uniform Law Commission (ULC).

Expected Boost in Institutional Lending with Article 12

The introduction of Article 12 is expected to enhance institutional participation in crypto-backed lending by reducing credit risk. By allowing cryptocurrencies and NFTs to be used as secure collateral, these changes promise enhanced opportunities for financial organizations.

Experts predict financial, regulatory, and technological impacts. While no direct on-chain data on Article 12's immediate effect is available, the enhanced legal clarity provided is anticipated to lead to wider adoption and usage in the lending market.

Parallels with Article 9

Before Article 12, similar legal ambiguities existed in the perfection of security interests, comparable to changes seen under Article 9 concerning financial assets. These historical precedents resulted in increased institutional confidence and participation over time.

Legal practitioners express cautious optimism, expecting the amendments to boost institutional lending while stressing the need for operational standards. Long-term effects are projected to be positive, aligning with past regulatory reforms that enhanced market participation.

In summary, the changes related to UCC Article 12 create a foundation for the more active adoption of cryptocurrencies in the lending space, potentially strengthening the position of crypto assets in the financial market.

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