Crypto Master Loan Agreement (MLA) 

It is a framework agreement that sets the general terms for a series of digital asset loans between two parties. Each individual loan is then documented in a short confirmation with the asset, amount, rate and term. This avoids renegotiating the full agreement for every loan.

Rehypothecation lets the lender or borrower re-use collateral it receives, for example by lending it onward. It can lower costs but adds counterparty risk, because your assets may not be available when you need them back. The MLA should state clearly whether it is allowed and on what terms.

It depends on the agreement terms, the jurisdiction and how assets were held. Recent crypto lender bankruptcies showed that contract language about title and transfer can decide whether a customer is treated as an owner or an unsecured creditor. We draft with that risk in view, though outcomes are fact-dependent.

Some lending activity may require state lending licenses or raise securities-law questions, depending on who the borrowers and lenders are and how the product is offered. The answer is fact-dependent. We flag the issues in your structure and coordinate with your regulatory advisors.