Trust and Corporate Governance in Digitalisation

Description

Trust and Corporate Governance in Digitalisation explores how traditional principles of equity, fiduciary duty and trust law are being transformed by emerging digital technologies such as blockchain, distributed ledgers and decentralised autonomous organisations (DAO). It traces the evolution of trust law from its equitable origins to its new role in digital ecosystems where transparency, automation and decentralisation have redefined the meaning of trust and accountability.

The book is divided into 10 chapters, covering key areas including the nature of digital property, blockchain governance, fiduciary obligations in distributed networks, remedies for digital breaches of trust, and the challenges of estate planning and tax compliance in the management of digital assets and cryptocurrencies. Case studies such as the collapse of FTX underscore the urgent need for sound corporate governance in the digital era.

Drawing on comparative perspectives from Malaysia, the United Kingdom, the United States, Singapore and Europe, this book surveys local developments within global debates on regulatory reform, compliance and ethical digital practice. It serves as a timely resource for lawyers, in-house counsel, corporate directors, regulators and policymakers seeking to navigate the complex relationship between technology and trust.

Beyond its academic accuracy, the book equips professionals with practical guidance on establishing governance frameworks, drafting digital wills and trusts, and establishing new forms of property such as cryptocurrencies and digital assets. It bridges the gap between law and technology, equipping readers with the understanding needed to ensure integrity, accountability, and resilience in the rapidly evolving digital economy. It is an essential reference for those seeking to align innovation with sound legal and ethical governance.

Key features:

• Malaysia’s first comprehensive integration of trust law, corporate governance and digitalisation that sets a new benchmark for legal scholarship in the country.
• Explores how blockchain and distributed ledger technologies are transforming the legal foundations of trust, altering fiduciary duties, and reshaping relations between individuals, institutions and property in digital settings.
• Offers practical guidance for academics, lawyers, in-house counsels, as well as advisors dealing with wills, trusts, and charitable structures in the era of blockchain and cryptoassets. It includes drafting insights and blockchain-based governance frameworks that are essential for modern legal practice.
• Examines how blockchain enhances corporate governance by providing greater transparency, real-time access to data, and increased accountability through decentralised governance models.
• Provides a detailed discussion of testamentary planning, wealth transfer, succession, and asset protection in the context of cryptocurrencies and digital property, making it a valuable resource for practitioners and wealth managers.
• Practical illustrations and case studies from Malaysia and abroad demonstrating how blockchain-based systems are applied in corporate governance, fiduciary oversight, and estate planning scenarios.
• Presents comparative insights from jurisdictions such as the United Kingdom, the United States, Europe, Singapore and Malaysia, highlighting global developments and contextualising them within Malaysian law and practice.
• Anticipates next-generation governance structures founded on consensus, transparency and automation, providing forward-looking analysis on smart legal infrastructures and the future of trust in an information-driven world.

Table of Contents:

1. Introduction and Concept of Trust
2. Distributed Ledger Technology
3. New Form of Property
4. Trust in Blockchain Technology
5. Corporate and Blockchain Governance
6. Blockchain Governance Audit
7. Trustee
8. Breach of Trust
9. Remedies
10. Estate Planning with Digital Assets and Cryptocurrencies

About the Authors: 

Wong Wai Wai holds an LLB (Hons) from the University of London, as well as an LLM and PhD in Law from the University of Malaya, where her doctoral research focused on emerging legal challenges in the digital environment. Her research delves into the intersection of law, technology and digital transformation, and she has presented at major conferences, including those at the National University of Singapore and Shanghai Jia Tong University. She has published in Scopus-indexed and other reputable journals on topics such as digital assets, blockchain, cryptocurrency regulation, and smart contracts.