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Appraisal Rights Litigation Blog

More Coverage of Blockchain and Appraisal

Posted in Blockchain

In light of blockchain stock ledgers coming to Delaware, commentators and news outlets are starting to take notice. Recently, Bloomberg has covered the idea of stock ledger blockchain, as has the Financial Times [$$]. The core difference between any possible blockchain stock ledger and the existing system would be the likely elimination of the concept of fungible bulk. A blockchain, or at least some iterations of a blockchain, would allow a diligent researcher to potentially trace a “share” (or whatever one unit may be called) through each transaction, each wallet, or each address, back to issuance/mining/founding. This may not necessarily be an easy process–but as it stands currently, such a process is truly impossible. The “shares” held by, for example, a prime broker, are non-differentiated (hence the idea of fungible); they are not individual “units.” Blockchain share ledgers would have implications for “naked” short selling, corporate governance, securities litigation, derivative actions, and, relevant here, appraisal. As reporters are observing, blockchain may also reduce transaction costs associated with M&A activity. This remains a development likely to generate continued interest going forward.