Digital Assets
Digital assets are goods or rights with economic value that are represented, recorded and transferred electronically, usually on a blockchain: cryptocurrencies, stablecoins, tokenized securities, tokenized real-world assets and NFTs. Their legal treatment depends on the right they represent, not on the technology. Unknown Gravity builds the technology to issue and manage them.
Very different things fall under the digital asset label: cryptocurrencies such as bitcoin, stablecoins, tokenized securities (security tokens), tokenized real-world assets and NFTs. What sets them apart is not the technology but the right each one represents: electronic money, a security, a right of use, ownership of an asset or nothing beyond the token itself. That right determines which law applies, who may issue it and who may buy it.
The law does not always use the term "digital asset." In the United States, the SEC speaks of crypto assets and sorts them into five categories. In the European Union, the legal concept is the crypto-asset: a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology (Regulation (EU) 2023/1114, MiCA, Art. 3(1)(5)). In Mexico, the Fintech Law regulates "virtual assets" (LRITF, Art. 30). Unknown Gravity is a Spanish technology company: we build the infrastructure to issue and manage digital assets, and each client's advisors handle the legal analysis.
01 / What digital assets are and how they differ from cryptocurrencies
A digital asset is any resource with economic value whose ownership is recorded and transferred on an electronic register; cryptocurrencies are just one type. Digital assets on a blockchain share four traits:
- Electronic record. Ownership is recorded in a digital register, usually a blockchain, rather than in a paper certificate or only in a firm's own books.
- Transferability. They can move from one holder to another. If they cannot, they are not crypto-assets under MiCA: its recital 17 excludes, for example, loyalty points that can only be redeemed with the business that issues them.
- Control by keys. Whoever controls the wallet's private key can move them, so key custody matters as much as the asset (see wallet and custody development).
- Programmability. A smart contract can set automatic rules: who may hold them, when they pay out or when they are frozen.
| Digital asset | Cryptocurrency | |
|---|---|---|
| What it is | The broad category: any good or right represented and transferred electronically | A specific type, designed as a means of payment or a store of value |
| Examples | Tokenized bonds and shares, real estate through the company that owns it, tokenized gold, stablecoins, NFTs and cryptocurrencies too | Bitcoin, ether |
| Issuer | Usually there is one: a company, a bank or a fund, with obligations toward the holder | There may be none: bitcoin has no issuer and no entity backing it |
| Where its value comes from | The right it represents or the underlying asset | Use of its network, and supply and demand |
Tokenizing an asset is not the same as digitizing it either. Digitizing means putting it in a database or an electronic document; tokenizing means representing it with a token on a distributed ledger, with programmable rules and direct transfer between holders.
02 / Types of digital assets and 10 examples
Digital assets fall into six types depending on the right they represent, and each type is treated differently. This is how they usually fit in the European Union:
| Type | What it represents | Usual fit in the EU |
|---|---|---|
| Native cryptocurrencies | A unit of a blockchain network, with no rights against an issuer | Crypto-asset under MiCA |
| Stablecoins | A stable value referenced to an official currency or to other assets | E-money token if it references a single official currency; otherwise, asset-referenced token (MiCA, Art. 3(1)(6) and 3(1)(7)) |
| Tokenized securities (security tokens) | Shares, bonds or other financial instruments | MiFID II and, in Spain, Law 6/2023 |
| Tokenized real-world assets (RWA) | Rights over real estate, commodities, private credit or other physical or financial assets | Depends on the right: financial instrument or crypto-asset |
| Utility tokens | Access to a good or service provided by the issuer | Utility token under MiCA (Art. 3(1)(9)) |
| NFTs | A unique asset that is not interchangeable with another | Outside MiCA if it is unique and non-fungible (Art. 2(3)) |
Ten concrete examples:
- Bitcoin: the original cryptocurrency, with no issuer and no entity backing it.
- Ether: the native currency of Ethereum, used to pay the gas for each transaction.
- A euro or dollar stablecoin: in the EU, if it references a single official currency, it is an e-money token.
- Tokenized shares of a corporation: a security subject to securities law.
- A tokenized bond: debt issued and recorded on a blockchain.
- A stake in a building, held through the company that owns it.
- Tokenized gold, backed by bars held in custody (see precious metals tokenization).
- A utility token that gives access to a service within a platform.
- A governance token that carries a vote in a decentralized organization.
- An NFT that certifies the authenticity or origin of a work or a product.
03 / Where does the value of a digital asset come from?
The value of a digital asset comes from one of four sources: the right it gives over something external, the use of its network, its issuer's promise of stability, or demand for what it gives access to or what it is. Recording an asset on a blockchain does not create value by itself: it makes it verifiable and transferable.
- A right over an underlying asset. A tokenized share, bond, building or gold bar is worth what the right it represents is worth, and depends on that right being enforceable against the issuer, the custodian or the official register.
- Use of a network. For the cryptocurrencies the SEC classifies as digital commodities, such as bitcoin or ether, the Commission describes value that is tied to the programmatic operation of a functional crypto system and to supply and demand, rather than to the expectation of profits from the managerial efforts of others (Release 33-11412, Section III.A, digital commodities).
- A promise of stability. A stablecoin is worth what its backing reserve and the holder's redemption right are worth. In the EU, the issuer of an e-money token must redeem it at any time and at par value (MiCA, Art. 49(4)), and the issuer of an asset-referenced token must maintain a reserve of assets (Art. 36(1)).
- Access or scarcity. A utility token is worth the service it gives access to, and an NFT is worth what it certifies and the demand for that unique asset.
Fractionalizing an asset does not create liquidity by itself either: selling requires a market and a willing buyer.
04 / Which rules apply in the United States, the European Union and Latin America
United States
The SEC sorts crypto assets into five categories: digital commodities, digital collectibles, digital tools, stablecoins and digital securities (Release 33-11412, a Commission interpretation in effect since March 23, 2026). The first three are not securities in themselves, although they can be sold subject to an investment contract, which is a security; stablecoins may or may not be securities depending on their characteristics; and digital securities, that is, tokenized securities, are securities. The Commission adds that any crypto asset that is not a security, other than a payment stablecoin issued by a permitted issuer, could meet the definition of commodity under the Commodity Exchange Act (footnote 48; 7 U.S.C. 1a(9)). More detail in our guide to asset tokenization in the United States.
European Union and Spain
In the EU, a digital asset is either a financial instrument (MiFID II) or a crypto-asset (MiCA), and the two regimes do not apply at the same time. MiCA does not apply to crypto-assets that qualify as financial instruments, deposits, funds unless they qualify as e-money tokens, securitization positions and certain insurance and pension products (Art. 2(4)), or to crypto-assets that are unique and not fungible with other crypto-assets (Art. 2(3)).
- Financial instrument. MiFID II covers financial instruments issued by means of distributed ledger technology (Directive 2014/65/EU, Art. 4(1)(15), as amended by Regulation (EU) 2022/858, Art. 18). In Spain, transferable securities may be represented through systems based on distributed ledger technology (Law 6/2023, Art. 6(1)).
- Crypto-asset. MiCA classifies crypto-assets into three types (recital 18): e-money tokens, asset-referenced tokens and all others (Art. 3(1)(5) to 3(1)(7)). Offering an e-money token to the public requires the issuer to be a credit institution or an electronic money institution (Art. 48(1)); an asset-referenced token, that the issuer be authorized or be a credit institution (Art. 16(1)); and any other crypto-asset, that the offeror be a legal person and draw up, notify and publish a white paper (Art. 4(1)), subject to the exemptions in Art. 4 itself.
- Services. Holding crypto-assets in custody for clients, exchanging them, placing them or operating a trading platform are crypto-asset services (Art. 3(1)(16)), and providing them requires being an authorized CASP or one of the eligible financial firms (Art. 59(1)).
For a first take on your case, use our MiCA or MiFID II classifier.
Latin America
Each country uses its own term and scope. In Mexico, the Law to Regulate Financial Technology Institutions treats as a virtual asset a representation of value recorded electronically and used by the public as a means of payment for all types of legal acts, which can only be transferred electronically; legal tender, foreign currencies and assets denominated in them are not virtual assets (Art. 30). Unlike the EU definition of crypto-asset (MiCA, Art. 3(1)(5)), it requires use by the public as a means of payment. We work with each client's local legal counsel; see our country-by-country map of asset tokenization in Latin America.
05 / What we do for companies that issue or manage digital assets
We build the technology a digital asset runs on: the token, the platform where it is issued and managed, the wallets and the integrations with the firms involved.
- Tokens and smart contracts. ERC-20 for freely transferable assets and ERC-3643 when only identified investors may hold them, with minting, burning, pause and transfer rules.
- Issuance and management platforms. Investor onboarding with KYC/AML, holder register, payments and issuer dashboard, custom-built (tokenization platform development) or on an existing base.
- Wallets and key custody. For the issuer and, where the project requires it, for its clients, with the appropriate authorized firm when custody is on behalf of third parties.
- Integrations. With KYC/AML providers, custodians, payment providers, official registers and trading venues, connected in each project to the firms the client chooses.
How we do it
We start from your advisors' legal analysis and set the rules the asset will enforce; we design the architecture; we build and test on testnet; we audit the smart contracts before deploying to mainnet; and we maintain the platform. The date of the first issuance also depends on the documents and authorizations each case requires.
How we work
Unknown Gravity is a Spanish tokenization technology and blockchain infrastructure company. We build the technology and work alongside each client's legal counsel (US securities counsel in the United States, local counsel in Latin America) and the regulated firms each project needs. We are not a broker-dealer, funding portal, transfer agent, investment adviser, investment firm, ERIR, crypto-asset service provider (CASP) or law firm.
Official sources
- SEC: Application of the Federal Securities Laws to Certain Types of Crypto Assets, Release 33-11412 (Federal Register, March 23, 2026)
- 7 U.S.C. 1a: Commodity Exchange Act definitions (govinfo)
- Regulation (EU) 2023/1114 on markets in crypto-assets (MiCA) (EUR-Lex)
- Directive 2014/65/EU on markets in financial instruments (MiFID II) (EUR-Lex)
- Regulation (EU) 2022/858 on a pilot regime for DLT market infrastructures (EUR-Lex)
- Spanish Law 6/2023 on Securities Markets and Investment Services (BOE, consolidated text, in Spanish)
- Mexico: Law to Regulate Financial Technology Institutions (Chamber of Deputies, current text, in Spanish)
This page is informative only and does not constitute legal, tax or investment advice.
Framework verified as of October 13, 2026. If your company wants to issue or manage a digital asset, we review the asset, the right it represents and the technology with you before any code is written. Talk to us.
FAQ
Frequently asked questions
What is the difference between a digital asset and a cryptocurrency?
A cryptocurrency is one type of digital asset: a unit of a blockchain network designed as a means of payment or a store of value, such as bitcoin. "Digital asset" is the broad category, which also includes stablecoins, tokenized securities, tokenized real-world assets, utility tokens and NFTs. In the EU, the closest legal term is crypto-asset (MiCA, Art. 3(1)(5)), and digital assets that are financial instruments fall under MiFID II rather than MiCA (Art. 2(4)(a)).
What gives digital assets their value?
It depends on the type. A tokenized security or a tokenized real-world asset is worth what the right it represents over the underlying asset is worth. A cryptocurrency the SEC classifies as a digital commodity, such as bitcoin or ether, derives its value, according to the Commission, from the programmatic operation of its network and from supply and demand (Release 33-11412, Section III.A). A stablecoin depends on its reserve and on the redemption right: in the EU, an e-money token is redeemable at any time and at par value (MiCA, Art. 49(4)). A utility token or an NFT is worth the access it gives or the demand for what it certifies.
Which law governs digital assets?
There is no single law. In the US, the SEC applies the securities laws to digital securities and investment contracts, and crypto assets that are not securities could be commodities under the Commodity Exchange Act (Release 33-11412). In the EU, MiFID II applies if the asset is a financial instrument and MiCA if it is a crypto-asset (MiCA, Art. 2(4)(a)); in Spain, Law 6/2023 also governs securities represented on distributed ledgers. In Mexico, the Fintech Law regulates virtual assets, defined by their use as a means of payment (LRITF, Art. 30). Legal counsel confirms how each case fits.
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