Provision record
Coinbase · Coinbase User Agreement · View original document ↗

Insolvency and Bankruptcy Risk Disclosure

High severity Medium confidence Explicit document language Common · 287 of 352 platforms
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Document Record

What it is

The agreement discloses that if Coinbase enters bankruptcy, user digital assets held in Coinbase's custody may be treated as part of the bankruptcy estate, and users may have the status of general unsecured creditors rather than having priority or direct ownership claims to those assets.

This analysis describes what Coinbase's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision discloses a material custodial risk: users holding digital assets on the Coinbase platform may not have segregated asset protection in a Coinbase insolvency, which could result in partial or total loss of those assets in a bankruptcy proceeding.

Interpretive note: The legal treatment of custodied digital assets in a Coinbase bankruptcy would depend on the specific structure of custody arrangements and applicable bankruptcy court rulings, which cannot be fully determined from the agreement text alone.

Recent Activity

This document changed recently

Medium Sep 3, 2026

The updated terms expand Coinbase's authority to liquidate customer assets without notice to cover clearinghouse losses. Previously, liquidation was authorized only if you failed to pay for securities purchased or failed to deliver securities sold. The revised language now also permits liquidation if a transfer of securities into your account at CCM fails or is reversed. This means the platform can use your property to cover losses stemming from incoming transfer failures, in addition to settlement failures on your own trades. The authorization continues to require only that CCM make a demand for payment to Coinbase, without notice to you.

View change record →
High Jul 23, 2026

The updated terms establish procedures for handling protocol upgrades and define Coinbase's role in migrating customer assets to new versions. Under the revised language, by maintaining a Coinbase account, customers are deemed to have instructed Coinbase to conduct Coinbase Supported Migrations on their behalf at times and in manner Coinbase solely determines appropriate. The agreement further states that Coinbase shall not be liable or responsible for any loss resulting from inability to transfer Digital Assets during a migration or from the Asset Transformation itself. This expands Coinbase's authority to act without advance notice while eliminating liability for migration-related losses.

View change record →
Medium Jul 7, 2026

The updated terms now explicitly disclose Coinbase's fee structure for California residents, establishing a $10 maximum fee for transactions under $200 and a 6% maximum for larger transactions, though actual fees displayed at checkout may be lower based on payment method, order size, market conditions, and location. The revised agreement also clarifies that virtual currency transactions may be irreversible and provides links to procedures for reporting unauthorized transactions, updating contact information, and accessing transaction receipts. Coinbase commits to providing California residents at least 14 days' prior notice of material changes to fees or terms affecting their accounts.

View change record →

Clause Stability Mostly Stable

1
Change
6
Months Monitored
May 21, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 4261 other provisions on other platforms.
This clause has changed once in 6 months of monitoring.

Change history

removed Jul 23, 2026

Explicit bankruptcy risk disclosure was removed, replaced with the Digital Asset Custody provision that purports to isolate assets from Coinbase creditors, reducing transparency about actual insolvency risk.

View full change record →
added Jun 9, 2026

This new provision explicitly discloses the risk that user assets may not be recoverable in insolvency, a material risk disclosure particularly important given Coinbase's custodial role over digital assets.

View full change record →

Consumer impact (what this means for users)

The agreement discloses that digital assets held in Coinbase custody are subject to insolvency risk and may not be recoverable as segregated assets if Coinbase enters bankruptcy proceedings. Users holding significant balances in Coinbase custody should evaluate this risk in the context of their own asset management considerations.

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▸ View Original Clause Language DOCUMENT RECORD
"
In the event that Coinbase becomes subject to bankruptcy proceedings, your digital assets may be treated as assets of the bankruptcy estate. If Coinbase becomes insolvent, you may not be able to recover or reclaim your digital assets and you could be treated as a general unsecured creditor of Coinbase.

Excerpt from Coinbase's User Agreement

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: This provision engages U.S.

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Consumer Financial Protection Bureau (cfpb)
    Regulates consumer financial products and services. Can investigate companies for unfair, deceptive, or abusive financial practices including improper fees, billing errors, and data misuse.
    Who can file: Anyone who has used a consumer financial product or service in the US
    What you need: Account number or details, dates of transactions or events, description of the issue, and any supporting documents
    What to expect: The company must respond within 15 days. The CFPB forwards your complaint and may use it in enforcement actions. Individual compensation is possible in some cases.
    File a complaint →
  • Securities And Exchange Commission (sec)
    Regulates securities markets and investment platforms. Can investigate broker-dealers, investment advisers, and trading platforms for violations of securities laws.
    Who can file: Anyone with knowledge of a possible securities law violation
    What you need: Description of the potential violation, names of individuals or companies involved, relevant dates, and any supporting documents or evidence
    What to expect: Tips are reviewed by SEC staff. The SEC may open an investigation but is not required to take action on every tip. Whistleblowers may be eligible for financial awards if the tip leads to enforcement.
    File a complaint →

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Coinbase User Agreement
Entity
Coinbase
Document last updated
May 5, 2026
Tracking information
First tracked
May 21, 2026
Last verified
May 21, 2026
Record ID
CA-P-012883
Document ID
CA-D-00047
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
144d728e6ebf97624553aa154f83f0328e1dee9c75ab4de6cdeee73980db79c6
Analysis generated
May 21, 2026 02:35 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Coinbase
Document: Coinbase User Agreement
Record ID: CA-P-012883
Captured: 2026-05-21 02:35:56 UTC
SHA-256: 144d728e6ebf9762…
URL: https://conductatlas.com/platform/coinbase/coinbase-user-agreement/provision/CA-P-012883/insolvency-and-bankruptcy-risk-disclosure/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Coinbase's Insolvency and Bankruptcy Risk Disclosure clause do?

This provision discloses a material custodial risk: users holding digital assets on the Coinbase platform may not have segregated asset protection in a Coinbase insolvency, which could result in partial or total loss of those assets in a bankruptcy proceeding.

How does this clause affect you?

The agreement discloses that digital assets held in Coinbase custody are subject to insolvency risk and may not be recoverable as segregated assets if Coinbase enters bankruptcy proceedings. Users holding significant balances in Coinbase custody should evaluate this risk in the context of their own asset management considerations.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.

Is ConductAtlas affiliated with Coinbase?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Coinbase.