Response to Law Commission Consultation Paper on Digital assets: electronic trade documents

The Financial Law Committee of the City of London Law Society (the Committee) has formed a working group (the Working Group) to consider and respond to the Law Commission's "Digital assets: Call for Evidence" (the CE) and Consultation Paper on "Digital assets: electronic trade documents" (the CP). The CE and CP together form the Law Commission's current project on digital assets, including cryptoassets.

This paper deals specifically with issues related to the CP on Electronic Trade Documents, but should be read in conjunction with our separate response on the limits of the concept of "possession" with particular reference to our experience of existing solutions supporting digital assets projects in the wider financial markets.