Tag: Digital

Collateral Transfer – Moving Towards Digital Blockchain Assets

Introduction

Collateral Transfer facilities have traditionally relied on well-established bank instruments, such as Bank Guarantees, as well as other forms of blue-chip securities, to underpin the underlying asset or investment. In these traditional setups, banks played a pivotal role by issuing guarantees that offered a layer of trust and assurance in financial transactions. The inherent value and stability of blue-chip securities further cemented their use as reliable collateral, ensuring that parties involved in a transaction had a solid foundation of security. These methods have been the backbone of financial collateral systems, offering robust protection and facilitating smooth operations in various financial markets.

However, the landscape is evolving rapidly. With the increasing complexity of global financial regulations, many banks are experiencing heightened regulatory scrutiny and over-regulation. This phenomenon is compounded by instances where banks refuse to transact with foreign entity banks, due to perceived risks or compliance challenges. As a result, traditional collateral instruments are facing limitations in cross-border transactions and international financing arrangements.

In response to these challenges, the financial industry is witnessing a paradigm shift towards digital blockchain assets. These digital assets present a transformative opportunity by enabling greater transparency, efficiency, and security in collateral management. Blockchain technology allows for the tokenization of assets, providing a verifiable and immutable record of ownership that can be easily transferred across borders without the friction of traditional banking systems. This evolution is not merely a technological upgrade but a fundamental change in how collateral is structured and managed, paving the way for a more interconnected and agile financial environment.

The transition to digital blockchain assets represents a strategic adaptation to the current regulatory and operational challenges faced by traditional banking. As this new model gains traction, it is likely to redefine collateral transfer facilities, making them more resilient to regulatory pressures while opening up new avenues for cross-border financial transactions.

The Future of Collateral Transfer and Digital Assets

The financial landscape has evolved dramatically with the advent of blockchain technology and cryptocurrencies. One innovative concept that has emerged is a collateral transfer facility (CTF) that employs a specialized cryptocurrency for securing loans. In this context, the cryptocurrency is not merely a speculative asset but a functional, highly liquid, and frequently traded instrument that serves as a reliable guarantee for lending activities. This paper details the mechanisms, benefits, and challenges of integrating such a specialized digital asset within a collateral transfer facility designed to underpin secured lending arrangements.

Conceptual Framework

At its core, a collateral transfer facility is a financial mechanism that enables parties to transfer collateral to secure obligations, typically loans. Traditionally, collateral has comprised physical assets or traditional financial instruments such as bonds or equities. However, the introduction of a specialized cryptocurrency as collateral represents a paradigm shift. This digital asset is engineered to maintain high liquidity and trade frequency, ensuring that it can be quickly and efficiently converted or transferred in response to market demands or changes in loan conditions.

The rationale behind using a specialized cryptocurrency in this setting is multifaceted:

  • Liquidity: The asset must be readily convertible into cash or other liquid assets, ensuring that lenders can quickly realize value if a borrower defaults.
  • Trade Frequency: A high trading volume ensures that price discovery is robust and that the asset’s market value is a reliable indicator of its collateral value.
  • Transparency and Trust: The underlying blockchain technology offers an immutable ledger and transparent transaction history, increasing confidence in the asset’s value and provenance.
  • Programmability: Smart contracts can automate the collateral management process, reducing administrative overhead and the potential for human error.

Design and Operation of the Collateral Transfer Facility

1. Structure and Key Components

The facility is structured around several key components:

  • Specialized Cryptocurrency: This digital asset is designed with features that promote stability, liquidity, and high trade frequency. It may incorporate mechanisms such as algorithmic supply adjustments, liquidity pools, or pegging to a basket of assets to maintain value stability.
  • Smart Contracts: The backbone of the facility is a set of smart contracts that govern the transfer, management, and liquidation of collateral. These contracts ensure that the collateral is automatically locked, released, or liquidated according to predefined conditions.
  • Collateral Management System: A dedicated platform manages collateral positions, monitors market conditions, and initiates actions (e.g., margin calls or liquidations) if the value of the collateral falls below required thresholds.
  • Market Integration: Integration with multiple exchanges and liquidity providers is crucial to guarantee that the specialized cryptocurrency remains highly liquid and that its market price reflects current conditions accurately.

2. Operational Process

The operational process of the collateral transfer facility can be broken down into several key stages:

a. Loan Origination and Collateralization

When a borrower applies for a loan secured by the specialized cryptocurrency, the following steps occur:

  • Asset Valuation: The current market value of the specialized cryptocurrency is determined through real-time data from multiple trading venues. This valuation is used to calculate the loan-to-value (LTV) ratio, ensuring that the loan is appropriately collateralized.
  • Collateral Deposit: The borrower transfers the required amount of the specialized cryptocurrency into a smart contract. This deposit acts as the collateral for the loan.
  • Verification and Lock-in: The smart contract verifies the deposit, locking the collateral and establishing the loan’s terms. This includes the interest rate, duration, and margin requirements.

b. Ongoing Management and Monitoring

Throughout the life of the loan, the facility continuously monitors the value of the collateral:

  • Real-Time Valuation Updates: Using integrated oracles and market data feeds, the system updates the collateral’s valuation in real time.
  • Margin Calls and Rebalancing: If the value of the collateral decreases, the system may trigger a margin call, requiring the borrower to deposit additional collateral or reduce the loan amount. Conversely, if the value increases, it may allow for the unlocking of excess collateral.
  • Automated Liquidation: Should the collateral’s value fall below a critical threshold, the smart contract can initiate an automatic liquidation process, selling the specialized cryptocurrency to cover the outstanding loan balance.

c. Loan Repayment and Collateral Release

Upon successful repayment of the loan:

  • Collateral Return: The smart contract releases the collateral back to the borrower.
  • Interest and Fees Settlement: Any interest or fees accrued during the loan period are deducted as per the contract terms.
  • Record-Keeping: The blockchain ensures that all transactions are recorded immutably, providing an auditable history of the loan and collateral management.

Benefits of Using a Specialized Cryptocurrency as Collateral

1. Enhanced Liquidity

Liquidity is a fundamental requirement for collateral, particularly in dynamic markets where asset prices can fluctuate rapidly. The specialized cryptocurrency is engineered to be highly liquid, meaning that it can be easily traded without causing significant price impact. High liquidity is achieved through:

  • Market Depth: The cryptocurrency is actively traded on multiple exchanges, ensuring that large transactions can occur with minimal price disruption.
  • Liquidity Pools: Dedicated liquidity pools and market-making mechanisms support continuous trading, enabling quick conversion into fiat or other assets.
  • Algorithmic Adjustments: Some specialized cryptocurrencies may incorporate algorithmic controls that adjust the token supply in response to demand, helping maintain stable liquidity levels.

2. Trade Frequency and Price Discovery

High trade frequency is essential for accurate price discovery. The specialized cryptocurrency benefits from:

  • Active Trading Ecosystem: The asset is widely held and frequently traded by a diverse range of market participants, including retail investors, institutional traders, and automated trading systems.
  • Real-Time Data Feeds: Continuous data aggregation from multiple sources ensures that the price reflects the most current market sentiment and conditions.
  • Transparency: The decentralized nature of blockchain technology provides a transparent trading history, reducing the potential for manipulation and increasing market trust.

3. Security and Trust through Blockchain Technology

The underlying blockchain technology adds significant security and trust to the collateral transfer facility:

  • Immutable Record-Keeping: Every transaction is recorded on an immutable ledger, preventing unauthorized alterations and ensuring a verifiable audit trail.
  • Decentralized Verification: The distributed nature of blockchain reduces the risk of central points of failure or manipulation.
  • Smart Contract Enforcement: Automated contracts execute collateral management rules consistently, reducing human error and potential fraud.

4. Efficiency through Automation

The integration of smart contracts streamlines many of the administrative processes associated with collateral management:

  • Automated Margin Calls: Real-time monitoring triggers automatic margin calls when collateral values drop, ensuring timely action without the need for manual intervention.
  • Self-Executing Contracts: The conditions for loan disbursement, collateral release, and liquidation are pre-programmed, reducing processing delays and operational overhead.
  • Transparency and Accountability: All actions taken by the system are visible on the blockchain, enhancing accountability and operational efficiency.

Risk Management and Mitigation

While the specialized cryptocurrency-based collateral transfer facility offers numerous benefits, it also presents several risks that must be carefully managed:

1. Price Volatility

Even though the specialized cryptocurrency is designed to be stable, it remains susceptible to market volatility:

  • Mitigation Strategies: To counteract volatility, the facility may require over-collateralization, meaning borrowers must deposit collateral exceeding the nominal loan value. Additionally, dynamic LTV ratios can be implemented to adjust collateral requirements in response to market conditions.
  • Real-Time Monitoring: Continuous monitoring of the collateral’s market value enables prompt responses to adverse price movements, including margin calls and automated liquidation processes.

2. Technological Risks

Reliance on blockchain technology and smart contracts introduces potential technological risks:

  • Smart Contract Vulnerabilities: Coding errors or vulnerabilities in smart contracts can be exploited by malicious actors. Rigorous audits, formal verification methods, and continuous testing are essential to mitigate these risks.
  • Oracle Manipulation: The system depends on external oracles for real-time price data. Ensuring these oracles are secure and decentralized is crucial to prevent manipulation or erroneous data feeds.
  • Network Congestion: High demand on the blockchain network can lead to delays or increased transaction fees, potentially impacting the efficiency of collateral management.

3. Regulatory and Legal Risks

The regulatory landscape for cryptocurrencies and blockchain-based financial instruments is still evolving:

  • Compliance: The facility must adhere to relevant financial regulations, including anti-money laundering (AML) and know-your-customer (KYC) requirements. This might involve integrating identity verification protocols and ensuring transparency in transaction reporting.
  • Legal Uncertainty: Given the nascent regulatory environment, legal frameworks surrounding the use of cryptocurrencies as collateral may change. Ongoing engagement with regulators and legal experts is necessary to navigate these uncertainties and adapt the facility’s operations accordingly.
  • Jurisdictional Challenges: Operating across multiple jurisdictions may require compliance with diverse regulatory requirements, which can complicate the design and implementation of the collateral transfer facility.

4. Market Risks and Liquidity Crises

Despite efforts to maintain high liquidity and trade frequency, there is always the risk of market disruptions:

  • Systemic Shocks: Sudden market shocks, such as global financial crises or regulatory clampdowns, could affect liquidity and trigger rapid devaluation of the collateral. Diversification strategies and contingency planning are essential to mitigate these risks.
  • Counterparty Risk: In a collateral transfer facility, the risk that a borrower may not meet margin calls or that counterparties may fail is ever-present. Robust risk assessment frameworks, including stress testing and scenario analysis, help in anticipating and managing such risks.

Innovative Features of a Specialized Cryptocurrency

The success of a collateral transfer facility largely depends on the inherent features of the specialized cryptocurrency used as collateral. Key innovative features include:

1. Stability Mechanisms

To minimize volatility and ensure consistent collateral value:

  • Algorithmic Stability: The cryptocurrency might use algorithmic adjustments to control its supply. When demand increases, new tokens may be minted in a controlled manner, and vice versa, to maintain price stability.
  • Pegging and Basket Systems: Some designs peg the cryptocurrency’s value to a basket of assets (fiat currencies, commodities, or other digital assets) to cushion against dramatic fluctuations.
  • Reserve Buffers: The protocol may hold a reserve of traditional assets to back the cryptocurrency, providing an additional layer of stability and credibility.

2. Enhanced Liquidity Protocols

Liquidity is enhanced through several mechanisms:

  • Decentralized Exchanges (DEXs): Integration with DEXs ensures that the specialized cryptocurrency is available for trading in a decentralized, trustless environment.
  • Liquidity Incentives: Yield farming and staking rewards can be offered to liquidity providers, encouraging market participation and deepening liquidity pools.
  • Cross-Chain Interoperability: Facilitating interoperability with other blockchains and financial systems broadens the market for the cryptocurrency, increasing its liquidity and usability as collateral.

3. Advanced Security Measures

Security is paramount in any system dealing with financial collateral:

  • Multi-Signature Wallets: Collateral can be stored in multi-signature wallets that require multiple approvals for any transaction, reducing the risk of unauthorized access.
  • Hardware Security Modules (HSMs): Utilizing HSMs for key management further secures the digital assets against cyber threats.
  • Continuous Audits and Bug Bounties: Regular third-party audits and incentivized bug bounty programs ensure that the smart contracts and underlying systems are continually monitored for vulnerabilities.

4. Transparency and Decentralization

Transparency is a critical advantage of blockchain technology:

  • Public Ledger: Every transaction, from collateral deposit to liquidation, is recorded on a public ledger, providing an auditable trail.
  • Decentralized Governance: Some specialized cryptocurrencies incorporate decentralized governance mechanisms, allowing token holders to participate in decision-making processes. This can enhance the facility’s adaptability and ensure that it aligns with the interests of its users.

Market Impact and Use Cases

The implementation of a collateral transfer facility that uses a specialized cryptocurrency as collateral has broad implications for both traditional finance and the emerging decentralized finance (DeFi) sector.

1. Bridging Traditional and Digital Finance

By offering a reliable and highly liquid digital asset as collateral, the facility creates a bridge between conventional banking and the crypto world:

  • Access to Capital: Individuals and institutions holding the specialized cryptocurrency can access loans without the need to liquidate their digital assets, preserving their long-term investment positions.
  • Risk Diversification: For banks and lenders, accepting a stable, liquid cryptocurrency as collateral can diversify their collateral base, reducing dependency on traditional assets.
  • Innovation in Lending Products: The facility paves the way for innovative lending products, including fractionalized loans, collateral swaps, and cross-collateralization strategies that can enhance financial inclusion and market efficiency.

2. Empowering Decentralized Finance (DeFi)

In the realm of DeFi, the collateral transfer facility can drive further innovation:

  • Automated Lending Platforms: DeFi lending platforms can integrate the facility’s technology to automate the collateralization process, making loans more efficient and accessible.
  • Interoperability with Other DeFi Protocols: The specialized cryptocurrency can be used across various DeFi protocols—such as decentralized exchanges, derivatives markets, and yield farming platforms—enhancing its utility and reinforcing its liquidity.
  • Enhanced Transparency: The immutable record-keeping and decentralized governance inherent in blockchain systems can foster trust among participants in the DeFi ecosystem, encouraging further innovation and adoption.

3. Global Financial Inclusion

A collateral transfer facility that leverages a specialized cryptocurrency has the potential to democratize access to credit:

  • Reduced Barriers to Entry: In regions where traditional banking services are limited or inaccessible, a blockchain-based facility offers a low-barrier entry point for individuals and small businesses to secure loans.
  • Cost Efficiency: Automation and the elimination of intermediaries reduce transaction costs, making borrowing more affordable and accessible.
  • Cross-Border Functionality: The digital nature of the specialized cryptocurrency and the global reach of blockchain networks enable seamless cross-border transactions, facilitating international trade and investment.

Challenges and Future Directions

Despite its promising features, the collateral transfer facility faces several challenges that require ongoing research and development:

1. Regulatory Evolution

The legal status of cryptocurrencies and blockchain-based collateral systems remains in flux:

  • Standardization: There is a pressing need for standardized regulatory frameworks that address the unique characteristics of digital collateral.
  • International Coordination: Given the borderless nature of cryptocurrencies, international regulatory coordination is essential to avoid regulatory arbitrage and ensure a level playing field.
  • Consumer Protection: Regulatory bodies must balance innovation with consumer protection, ensuring that borrowers and lenders are adequately safeguarded against systemic risks and fraud.

2. Technological Advancements

Continuous technological evolution is crucial for the success of the collateral transfer facility:

  • Scalability: As demand increases, the underlying blockchain infrastructure must scale efficiently to handle higher transaction volumes without compromising speed or security.
  • Interoperability: Future developments in cross-chain technology will enable more seamless interactions between different blockchain networks, enhancing the facility’s versatility.
  • Resilience to Cyber Threats: With the growing sophistication of cyberattacks, continuous improvements in security protocols, smart contract auditing, and real-time monitoring will be essential.

3. Market Adoption and Education

Widespread adoption hinges on building trust and educating potential users:

  • Stakeholder Engagement: Engaging with both traditional financial institutions and the DeFi community is critical to fostering adoption and ensuring that the facility meets the needs of diverse market participants.
  • User-Friendly Interfaces: Simplifying the user experience, from collateral deposit to loan management, will be key in driving mass adoption.
  • Transparency in Operations: Clear communication regarding risk management practices, fee structures, and operational protocols will help build confidence among users.

Conclusion

A collateral transfer facility that leverages a specialized cryptocurrency as collateral represents a significant innovation in the intersection of traditional finance and decentralized technologies. With its focus on high liquidity, frequent trading, and robust automation through smart contracts, the facility offers a compelling solution for secure, efficient, and transparent lending. By integrating state-of-the-art blockchain technology, the facility not only ensures real-time valuation and risk management but also opens the door to new financial products and global market integration.

The benefits are substantial—enhanced liquidity, improved market efficiency, reduced transaction costs, and increased financial inclusion. However, realizing this vision requires careful navigation of technological, regulatory, and market challenges. Overcoming these hurdles will involve continuous innovation, robust risk management frameworks, and proactive engagement with regulatory bodies and market stakeholders.

Looking ahead, as the financial industry continues to embrace digital transformation, the collateral transfer facility is poised to play a pivotal role in reshaping how collateral is managed and loans are secured. With ongoing advancements in blockchain technology and growing acceptance of digital assets, the specialized cryptocurrency used in this facility could well become a cornerstone of modern financial infrastructure, enabling more secure, efficient, and accessible credit systems globally.

In summary, the integration of a specialized, highly liquid, and frequently traded cryptocurrency into a collateral transfer facility not only enhances the security and efficiency of loan collateralization but also bridges the gap between traditional finance and the emerging decentralized financial landscape. The continued evolution of this facility promises to unlock new opportunities for financial innovation, driving a more inclusive, resilient, and interconnected global economy.

Is it Time for the USD25 Trillion Global Cargo Trade to go Digital?

Paper documents still rule the world in global cargo trade. Indeed within this USD25 Trillion business, there is, at any one time, four billion paper documents in circulation. Importers, exporters, banks, brokers, financiers et al all rely on paper documents, which finance and move global resources around the world. It is a system that has seen little change since the 19th century and yet paper documents are frequently subject to fraud (i.e., fake or altered), get lost, and can with any particular journey add huge amounts of time.

With regards to time, data released by experts within this area suggest that the time to process a single bill of lading (paper document along with others) required for the transportation of goods, from issuance to customs clearance which for example includes preparation, issuance, shipper to bank, shipper bank to buyer bank, buyer bank to buyer, submission for customs clearance is circa 16.4 hours. Digitisation will dramatically reduce the time spent on processing.

Company lawyers are still today flying many miles to get a bill of exchange signed off at the last minute. This happened in Singapore in the late 2000’s where a lawyer flew to Hong Kong from Singapore and back in one day, (circa 5,000 miles) in order to have a bill of lading signed off by a client. Typically, this process does not happen every day but digitisation would reduce this process to minutes.

Below are examples of the main type of paper documents usually required under a documentary letter of credit that underpin global trade.

· Bill of Exchange or Draft

· Airway Bill (if air freight)

· Road Transportation Document (if road freight)

· Bill of lading

· Pro Forma or Commercial Invoice

· Insurance Policy and Certificate

· Certificate of Origin

· Inspection Certificate

· Packing List

· Warehouse Receipt – when kept in safe custody after goods arrive.

Based in Paris the ICC (International Chamber of Commerce) currently estimates that circa 1% of transactions within the global trade financing market are fraudulent equating to roughly USD50 Billion per annum. The principals involved, such as traders, banks, other financiers and parties, have, according to recently released data, lost USD9 Billion in falsified documentation over the last ten years. Experts are saying that sending duplicate documents to banks involved in a transaction or falsifying documents are the easiest types of fraud to commit.

Examples of fraud can be seen in the metals market which, going back in history and up to today, has been beset by fraudulent scandals. Some of the latest incidents have encompassed some of the world’s leading trading companies and houses including warehouses connected to the London Metal Exchange (the world’s benchmark futures market for base metals) which were proven to have shortcomings. In the world of metals, the commodity or collateral is usually underpinned by the likes of shipping documents (e.g., quantity ownership, location of goods and quality) and warehouse receipts. Such documents are open to fraudulent misrepresentation, such as being fake whereby the material maybe fictitious, or a single cargo may be pledged for multiple loans which is referred to as over-pledging.

In February of this year a well-known company within the metals industry was left facing a loss of circa USD500,000 as the nickel they had purchased did not contain the nickel as specified in documents. Their modus operandi with nickel was to purchase a cargo of nickel aboard ships then on sell that cargo when the ship reached its destination port. However, on one occasion when investigators in Rotterdam checked the contents of a container containing nickel, they found the contents to be of much lower value materials.

In 2020 a well-known energy group purchased copper from a Turkish supplier, but despite documents confirming the cargo was copper, when the containers were opened, they were full of painted rocks. The list of frauds perpetrated within the metals market is very long indeed, and of course fraud is not just found within metals but anywhere that has paper documentation. It would appear therefore that in order to reduce fraud across the industry, digitisation is the only way forward.

Many advocates of digitisation suggest now is the time to go digital, and make use of blockchain technology. In fact, they go on to say that such technology exists today, resulting in a massive decrease in fraudulent transactions. Furthermore, experts advise that that digitisation will be a boost for the sector, as digitised or electronic bills of lading would increase global trade volume by circa USD40 Billion due to a reduction in trade friction (the reduction in time and paperwork) especially in emerging markets. A very important point as muted by experts suggest from an ecological standpoint that by reducing friction in the container trade (e.g., paper documents), 28,000 tress per year could be saved.

An example of less friction has recently been seen between BHP Group in Australia who shipped nickel in containers to Chinese buyer Jinchuan. The transaction was financed by banks domiciled in each country, and using the ICE Digital Trade Platform the full documentation process amazingly took under 48 hours. Interestingly, 65,000 companies (including leading commodity producers) use the ICE Digital Trade Platform, which provides paperless global management solutions, which include digitisation, automation, and accelerates trade and post-trade operations, finance, logistics, compliance and visibility. Whilst 65,000 companies may sound a lot, remember there are still over four billion bits of paper underpinning global trade in circulation at this very moment.

Detractors say that online hacking is an obstacle to digitisation, but the plain fact is that hacking is a lot more difficult than altering a piece of paper. Indeed, expert opinion advises that that circa USD6 Billion could be saved in direct costs by the major shipping lines if they decided on full adoption of digital bills of lading. Furthermore, it is suggested that financiers such as banks would be more willing to finance those counterparts who are considered to be smaller and riskier if the sector went digital.

Currently, the industry is only transacting 2% of global trade via digitisation. However, change is in the air as ten of the world’s top container shipping lines (nine of which are responsible for in excess of 70% of global container freight), have by 2030, committed to digitalising 100% of their bills of lading, (50% by 2028). Happily, some of the worlds largest and most renowned mining companies have given their vocal support to digitisation, these include Anglo America PLC, Vale SA, Rio Tinto Group and BHP Group Ltd, who are all looking to digitise the bulk shipping industry.

So why is that with all the support for digitisation within the industry, only 2% of global trade has been digitised. The answer is a simple one, as the greatest stumbling block to digitisation is Legal. Whilst shipping companies, insurers, traders, banks and other financiers have all got the wherewithal to go digital, at present the only document recognised by English Law that gives the holder title and ownership to a particular cargo is a paper bill of lading. As a result, any deal or transaction which is not legally secured will not receive funding from a bank or cover from an insurance company, and without either of these two participants there will be no transactions.

As a result of this impasse, on the 20th of July 2023 the Electronic Trade Documents Act 2023, having received royal assent, came into effect on the 30th of September 2023*. This act gives the same legal powers to digital documents as paper ones. This represents a massive step forward, as English Law has legally controlled this industry sector for centuries and underpins circa 90% of global commodities and other trade contracts. France is expected to enact similar legislation towards the end of 2023 whilst Singapore (also a centre for maritime law), passed a similar Act or legal framework in 2021 and in 2022 conducted its first electronic bill of lading transaction.

This act is also based on a Model Law** as adopted by the United Nations, as being a transnational body, it is important that they pass statutes that are acceptable to all countries throughout the world. It has been welcomed by many companies throughout the industry and the Trafigura Group has gone on record by saying “We believe this is one of the solutions which would help in reducing documentary fraud”.

*Electronic Trade Documents Act 2023 – The UK Law Commission published their draft bill in March 2022, which this act is largely based on, and it set out the basis of how, under English law trade, documents can 1. Be dealt with and 2. Exist in electronic form, such that an electronic trade document can have the same effect as a paper trade document. The Act goes on to state that a person may possess, indorse and part with possession of an electronic trade document, and anything done in relation to an electronic trade document has the same effect in relation to the document as it would have in relation to an equivalent paper document. This Act amends the Carriage of Goods by Sea Act 1992 and the Bills of Exchange Act 1882.

**Model Law – UNCITRAL (The United Nations Commission on International Trade law) Model Law on Electronic Transferable Records 2017, aims to enable the legal use of electronic transferable records both domestically and across borders. It applies to electronic transferable records that are functionally equivalent to transferrable documents or instruments. Transferable documents or instruments are paper-based documents or instruments that entitle the holder to claim the performance of the obligation indicated therein and allows the transfer of the claim to that performance by transferring possession of the document or instrument. Transferable documents or instruments typically include bills of lading, promissory notes, warehouse receipts and bills of exchange.

The challenge facing the industry is change. People and companies get stuck in their ways and sometimes it is hard to adopt new processes when the current ones have been in existence for hundreds of years. There are many faults with paper, but it is something that everyone across the ecosystem understands, and whilst there is a global approval of digitisation, few are ready or even keen to be the first to dip their toes in the new waters. Experts have rightly expounded on the fact that if digitisation is to work, then everyone across the supply chain must adopt the same data standards, so that communication can move in the most effective way ensuring verification in a truly interoperable manner.