SP Bill 75 Session 6 (2025) 2 Digital Assets (Scotland) Bill (2) But a defect in a transferor’s title to a digital asset does not prevent the transferee from becoming its owner provided that the transferee acquired it in good faith and for value. (3) In subsection (1), “rule of law” does not include an enactment. 5 Exclusive control: meaning and presumption 5 (1) This section makes provision about determining who has exclusive control of a digital asset for the purposes of this Act. (2) A person has control of a digital asset if the person has the ability to initiate in relation to it— (a) a transfer transaction within the electronic system giving rise to the asset, or 10 (b) if the system does not facilitate transfer transactions, a divestiture transaction 1 within the system. (3) A person’s control of a digital asset is exclusive if only that person has control of the asset. (4) A person’s control of a digital asset is presumed to be exclusive (unless the contrary 15 can be shown). (5) In this section— “divestiture transaction” means a transaction that results in no person being able to initiate any further transaction in relation to the asset, “transfer transaction” means a transaction that results in— 20 (a) the person who initiated the transaction losing the ability to initiate a transfer transaction in relation to the asset, and (b) another person gaining (directly or indirectly) the ability to initiate a transfer transaction in relation to the asset or some quantity of that type of asset. 6 Ancillary provision 25 (1) The Scottish Ministers may...