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NYC Bar Association Recommends New Digital Technologies Rules

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Based in New York City, Dyan Gershman leads Gershman Law, PLLC, a boutique corporate law firm that provides knowledgeable representation in corporate law, M&A, commercial contracts and intellectual property licensing. Active with the NYC Bar Association, Dyan Gershman follows initiatives supported by various task forces within the legal organization.

In early 2023, the NYC Bar Task force on Digital Technologies released a 21-page report in support of new Uniform Commercial Code (UCC) amendments at the state level. The aim is to ensure that the state’s UCC is clarified and modernized to effectively regulate digital asset transactions.

The report focuses on the “controllable electronic record” concept as one that delivers legal recognition to a broad range of intangible property and digital asset types. These span digital-asset transactions across cryptocurrencies, crypto tokens, electronic promissory notes and electronic money. The amendments will more clearly define the rights afforded to those who acquire digital assets, which in turn will boost the commercial utility of such assets. Should the changes be enacted, the NYC Bar report opines that the status of New York City as a “commercial, financial and legal capital” will be measurably enhanced.