Insolvency of a crypto exchange

Insolvency of a crypto exchange: will I lose access to my coins?

Crypto exchanges and insolvency - an overview from the experts at Kryptoanwalt.de

What happens if a crypto exchange becomes insolvent?

The insolvency of a crypto exchange can cause considerable uncertainty and worry for investors. Given the volatile nature of the market, it is crucial to understand the impact of a company's insolvency on access to your cryptocurrencies. This article covers the important aspects that investors should consider in such a situation.

Effects of insolvency on access to cryptocurrencies‍

Ownership of coins‍

If you hold your cryptocurrencies on a centralized crypto exchange, you generally do not own the actual coins, but only a claim to them within your account. This means that if the exchange becomes insolvent, you may lose access to your coins.

With decentralized platforms or wallets, on the other hand, users hold the private keys to their coins. This form of storage offers a higher level of security, as the coins are not stored on a central platform.

Liquidation and insolvency proceedings

In the event of insolvency, an insolvency administrator will be appointed to manage the assets of the exchange. Access to digital currencies may be restricted during the insolvency proceedings.

Insolvency proceedings often lead to appropriate legal checks in which existing customer claims to the coins held in the P2P (peer-to-peer) model are reviewed.

Rights of customers

In many countries, certain legal regulations apply in insolvency proceedings. Customers could attempt to assert their claims to the cryptocurrencies held as part of the proceedings. However, the success of such claims depends on the respective conditions and laws of the country.



What can you do?

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Checking your own storage

To minimize the risk, you should preferably store your cryptocurrencies in a personal wallet (hardware or software) that allows direct access to the private keys. This ensures that access is maintained even if the trading platform becomes insolvent.

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Diversification

Do not hold large portions of your crypto assets exclusively on one crypto exchange. Diversification across several platforms or storage methods can reduce the risk of a total loss.

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Legal steps

If you have been affected by insolvency and have lost access to your coins, contact our lawyers. Our lawyers with expertise in insolvency and crypto law can help you take the best steps to assert your claims.

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Obtain information

Stay informed about developments relating to the insolvency of the stock exchange. Insolvency administrators often issue updates or information that is important for affected customers.

Conclusion

The insolvency of a crypto exchange can be a challenging situation for investors, especially when it comes to accessing their coins. If cryptocurrencies are held on a central platform, there is a risk of losing access to them, especially if the exchange files for bankruptcy. It is therefore advisable to secure direct access to your own cryptocurrencies by using personal wallets and diversification. In such a situation, it is important to stay informed and, if necessary, seek legal support in order to protect your own interests in the best possible way and seek advice and representation from experts.

This information serves as a general guideline and cannot replace individual tax advice from our experts. The tax treatment may vary depending on your specific situation and the current tax regulations. It is strongly recommended that you contact our lawyers to clarify your personal tax situation and comply with the legal requirements.