Research Library · Shelf

Bitcoin Custody and Security: Keys, Firms and Failure

How cryptoassets are held and protected: keys and control, the FCA's custody rules, what happens when a firm fails, and the tax treatment of lost or stolen bitcoin. Every entry links to its original source.

CRYPTO22400 - Cryptoassets for individuals: Capital Gains Tax: losing private keys
HMRC
Manual
2025-11-28
Custody and security

Sets out HMRC's Capital Gains Tax treatment when an individual loses access to a private key, including negligible value claims where recovery is not realistic.

CRYPTO22450 - Cryptoassets for individuals: Capital Gains Tax: being defrauded
HMRC
Manual
2025-11-28
Custody and security

Sets out HMRC's Capital Gains Tax treatment when cryptoassets are stolen or lost to fraud, including why theft is not treated as a disposal.

CRYPTO22500 - Cryptoassets for individuals: Capital Gains Tax: S24 and negligible value
HMRC
Manual
2021-03-26
Custody and security

Sets out how a negligible value claim under section 24 treats worthless tokens as disposed of and reacquired, made for the whole section 104 pool, and what the claim must state.

CRYPTO41500 - Cryptoassets for businesses: Corporation Tax: Corporation Tax on chargeable gains - losing private keys
HMRC
Manual
2021-03-26
Custody and security

Explains HMRC's view that misplacing a private key is not a disposal for Capital Gains Tax, and that a negligible value claim may be made if recovery has no prospect.

CRYPTO41550 - Cryptoassets for businesses: Corporation Tax: Corporation Tax on chargeable gains - being defrauded
HMRC
Manual
2021-03-26
Custody and security

Sets out HMRC's view that theft is not a disposal, so victims cannot claim a Capital Gains Tax or Corporation Tax loss, and when negligible value claims may apply to worthless tokens.

Crypto: The basics
FCA
Guidance
2026-01-29
Custody and security

The FCA's consumer page on crypto risks, including losses when firms fail, poor separation of client funds, cyberattacks and the limits of compensation cover.

Held for You, or Held by You
Alderlux
Investigative · Article
2026-10-28
Custody and security

Compares holding bitcoin with an exchange or custodian against holding the keys yourself, and what the UK custody rules from October 2027 do and do not change.

James Howells v Newport City Council [2025] EWHC 22 (Ch)
Find Case Law (The National Archives)
Judgment · High Court (Chancery Division, Business and Property Courts in Wales)
2025-01-09
Custody and security

Legal statement on digital assets and English insolvency law
UK Jurisdiction Taskforce
Legal statement
2024-04
Custody and security

Sets out how English insolvency law treats digital assets held by a failed firm, including assets held on trust, shortfalls in pooled holdings and court orders over private keys.

LMN v Bitflyer Holdings Inc & Ors [2022] EWHC 2954 (Comm)
Find Case Law (The National Archives)
Judgment · High Court (Commercial Court)
2022-11-29
Scams and fraud

PS26/11: Crypto Regime: Regulated Cryptoasset Activities
FCA
Policy statement
2026-06
Regulation

Final FCA rules for cryptoasset trading platforms, dealing and arranging, lending and borrowing, staking and safeguarding (custody), plus the FCA's current approach to DeFi.

PS26/13: Crypto Regime: Application of FCA Handbook for Regulated Cryptoasset Activities
FCA
Policy statement
2026-06
Custody and security

Applies FCA Handbook standards to cryptoasset firms, including changes to the client asset rules for client money that arises when firms safeguard cryptoassets.

Report on Control of Digital Assets
UK Jurisdiction Taskforce
Report
2026-03
Custody and security

A non-binding report by a UKJT expert panel, requested by the Lord Chancellor, explaining how the legal concept of control applies in practice to digital assets under English law, from direct and shared control to smart-contract, delegated, layered and privacy-oriented arrangements.

Tulip Trading Limited (a Seychelles company) v Wladimir Jasper van der Laan & Ors [2023] EWCA Civ 83
Find Case Law (The National Archives)
Judgment · Court of Appeal (Civil Division)
2023-02-03
Custody and security

What Splitting the Keys Changes
Alderlux
Investigative · Article
2026-10-28
Custody and security

Explains how multi-signature splits control of bitcoin across several keys, the risks it reduces and creates, and how the Law Commission separates control from ownership.

For professionals

For accountants, solicitors and financial advisers

The Library is free to use and to share with clients. Every entry links to its original source, and the reading paths follow the questions clients bring: Bitcoin in an estate, gains on disposal, cryptoasset ETNs in an ISA, Bitcoin held by a company.

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