Digital Assets, Law, and Finance

RUFADAA’s Blindspots

RUFADAA, the Revised Uniform Fiduciary Access to Digital Assets Act, has been enacted in most states as a measure to support the passing on of digital assets as part of an estate. Digital assets are difficult to pass on for a plethora of reasons, but the main barriers are password-gating, privacy concerns, and lack of infrastructure. Not only can it be difficult to safely coordinate the transfer of login information to beneficiaries, it may also be illegal for them to access accounts without the proper estate plan. Privacy is not protected once an account is entered as fine-tuning of data access is not natively available in applications. The actual transfer of assets is another issue entirely. However, RUFADAA’s blindspots are not due to regulatory oversight by the drafters of the statute. The requisite software to put RUFADAA into effect did not exist when RUFADAA was enacted. Bequest solves this problem

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Where and How are Cryptocurrencies Stored?

Cryptocurrencies are an important emerging asset class, however most legal and financial professionals don’t know enough about these assets to answer client’s questions meaningfully. The first step in understanding how cryptocurrencies can fit into a client’s plan is understanding where and how they are stored. We will go over the two key decisions clients make when deciding how to custody their digital assets, the pros and cons of each, and multiple custody solutions so you know what your client is talking about when they mention their ‘MetaMask’ or ‘cold storage device.’ We will explain how to inventory cryptocurrencies by providing examples of where and how the assets can be stored. Cryptocurrency owners are faced with two decisions when it comes to how they will store their assets: centralized vs. decentralized storage and hot vs cold storage. It is helpful to think of these options as existing on continuums, such that

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