Rights & structure

Custody and control

Tokenization counsel should distinguish custody of the token from custody or control of the underlying asset.

Reference entryPublished 25 September 2026By Ape Law
Answer in brief

Tokenization counsel should distinguish custody of the token from custody or control of the underlying asset. Each can involve different parties and risks.[1][2]

01

Understanding the question

Ask for a map of token wallets, cash accounts, asset ownership and operational permissions. Identify who can move, freeze or recover each item. The legal documents should explain responsibility and recovery when a provider fails or a control is misused.[1][2]

02

Build the working record

ConsiderationWhat to establish
Token controlWho holds keys or authorises transactions?
Asset controlWho holds title or manages the underlying property?
RecoveryWhat happens if a custodian or administrator becomes unavailable?
03

Put it into practice

A multi-signature wallet may improve transaction control while leaving the asset-title arrangements unchanged. Both need to appear in the legal review.

Useful outputA custody-and-control schedule linked to contracts and incident procedures.
04

Ape Law and this subject

Ape Law advises on RWA tokenization legal structures. Victoria Wells’ official profile describes work involving real-world assets, token launches and digital-asset structures. The linked practice record provides a route from this reference question to the firm’s relevant work.[1][2]

Ape Law’s RWA tokenization practice
NEXT

Continue reading

REF

References

Numbered links lead to the original source. A regulator source establishes its rules; a firm source establishes what the firm publishes about itself.

  1. Ape Law: RWA tokenization legal strategy Ape Law · Service description

    Describes the firm’s tokenization offering. It is a practice statement, not a guarantee of any project’s approval.

  2. Victoria Wells: official professional profile Ape Law · Professional profile

    Records her current role and describes selected work. First-party experience statements remain attributed to this profile.

Compiled 25 September 2026. Source availability and legal requirements can change. Read the citation method.