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Consequences for particular assets

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Fungible payment tokens and stablecoins

Bitcoin, ether and fiat-referenced stablecoins are all property on the authorities above. Stablecoins raise the additional question whether the holder also has a contractual claim against the issuer. Tether's and Circle's terms grant a redemption right to verified direct customers. Such a holder owns two things, of which the token itself is a thing in action good against the world while the conditional contractual right against the issuer is a thing in action good against the issuer alone.1 A secondary-market holder who never onboarded with the issuer owns only the first. That distinction matters for insolvency of the issuer and also for the MAS single-currency stablecoin framework discussed in Part K, Chapter VI, which requires regulated issuers to offer redemption at par within five business days to all holders.

Tokens that embody rights

A token that represents a share, a bond, a fund unit or a right to receive goods is a different animal. The token is property, but the right it represents is governed by the law applicable to that right. A tokenised share in a Singapore private company is still a share. It is transferable only in compliance with the Companies Act 1967 and the company's constitution. The token is at most evidence of entitlement unless the constitution and a register arrangement give the ledger entry legal effect.2 Switzerland solved this with the ledger-based security, which makes the register entry constitutive (Part D, Chapter III). Singapore has instead relied on the 2021 amendments to the Electronic Transactions Act 2010, which give legal effect to electronic transferable records such as bills of lading and promissory notes, together with regulatory pilots under Project Guardian. A Singapore lawyer advising on a tokenised bond therefore asks two questions. The first is the legal nature of the token, which on the authorities is property. The second is the legal nature of the underlying instrument and the mechanism by which the token's transfer moves title to it, which is a matter of contract and statute.

NFTs, in-game assets and points

Janesh decides, at the interlocutory level, that an NFT is property. It does not decide what the NFT holder owns beyond the token. The image, the intellectual property in the image and any real-world entitlement attached to the token are governed by the licence terms of the project. Those terms frequently grant the holder a limited licence and nothing more. Loyalty points, in-game currencies that cannot be withdrawn from the game, and "soulbound" tokens that cannot be transferred present harder cases on the Ainsworth criterion of capability of assumption by third parties. Where a token cannot be transferred at all, the better view is that the holder has a contractual right against the issuer and no separate property in the token.

Example

A Singapore family office holds 40 bitcoin in self-custody using a multi-signature arrangement. It holds 2 million USDC in an account with a MAS-licensed custodian under terms that declare a trust. It also holds 500,000 units of a governance token in a hot wallet on an unlicensed offshore exchange whose terms state that all assets deposited "become the property of the exchange". On the Singapore authorities the bitcoin and the USDC are the family office's property, the former by control of the keys and the latter as beneficiary under an express trust. The governance tokens are the exchange's property, so the family office has a contractual claim for redelivery of equivalent tokens and ranks as an unsecured creditor if the exchange fails. The difference between the second and third positions lies in the drafting. It decides whether the family office recovers in full or receives a dividend.

Notes

  1. ByBit [2023] SGHC 199 at [39] (Tether redemption right under BVI law as a possible additional thing in action). ↩
  2. Companies Act 1967, ss 126 (transfer of shares) and 190 (register of members). Singapore has no equivalent to Art. 973d ff. CO. See Part K, Chapter VII on tokenised securities under the SFA. ↩

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of October 2026.

Setting up or expanding in Singapore?

SingaporeIQ is edited by Dr Alexander Ressos, an international business lawyer with more than 15 years of local experience in Singapore as a permanent resident, a Singapore registered foreign lawyer and managing partner of a Singapore foreign law practice. In addition to significant experience in cross-border investments and transactions, UHNWI private client work and sanctions/export controls, Dr Ressos has extensive experience in cross-border business and in crypto and digital-asset projects in Singapore, drawn from more than 700 projects since 2017.

If you are planning a company incorporation, an investment, a holding structure or a market entry through Singapore, you can reach Dr Ressos directly at [email protected]. Singapore law advice is provided by KGP Legal LLC, a licensed firm of Singapore advocates and solicitors. Dr Ressos and his team facilitate the full range of Singapore legal, compliance and company administration services, including company incorporation, corporate transactions, commercial contracts, crypto and digital assets, financial regulatory work and dispute resolution, including litigation in the Singapore courts. For Hong Kong, our parallel site HongkongIQ.com offers the same practical guidance. For crypto and digital assets, dltreg.com covers legal, tax and fiduciary services. For legal, tax and fiduciary services in Switzerland, see helveticaregister.com.