The introduction of controllable electronic records, or CERs, in Article 12 of the Uniform Commercial Code has significantly reshaped secured lending against digital assets.

States continue to enact the 2022 UCC amendments on a rolling basis. Most notably, New York enacted the 2022 UCC amendments in late 2025, and the amendments were scheduled to take effect on June 3, 2026, joining more than 30 jurisdictions that have adopted Article 12 of the UCC and related amendments.

As applicable transition periods continue to narrow, lenders operating under New York-governed agreements and other existing digital asset financing arrangements may face increasing pressure to reevaluate perfection strategies, custody arrangements and control structures to ensure continued priority and enforceability under the evolving UCC regime.

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