Proof of Control

December 5, 2025

Retitling states who should own it. Proof of Control shows who can actually administer it—today and ten years from now.

That distinction matters more than most estate planners realize.

The Paper Trust Problem

A trust document says "Bitcoin held in cold storage for the benefit of..." and everyone nods. The attorney files it. The trustee accepts the role. The family feels protected.

But here's what the paper doesn't answer:

• Who actually holds the keys?
• Can the trustee move the Bitcoin if needed?
• Has anyone verified the wallet policy works?
• What happens when a keyholder dies or disappears?

The trust says the trustee has authority. But Bitcoin doesn't care about legal authority. Bitcoin cares about cryptographic control. If you can't satisfy the spending conditions, you can't move the coins. Period.

What "Control" Means in Bitcoin

There's no title registry for Bitcoin. No county recorder. No deed transfer. Ownership is defined by one thing: who can spend.

In a traditional trust, the trustee holds title to assets. They can call a bank, show ID, and access funds. With Bitcoin, there's no intermediary to call. The trustee either has the cryptographic capability to move the coins, or they don't.

This is why retitling alone isn't enough. You can draft perfect trust language. You can file every form correctly. But if the wallet requires 3-of-5 signatures and the trustee only controls one key, they can't administer the asset.

Control isn't granted by a document. It's demonstrated through capability.

Proof of Control Is a Packet, Not a File

When someone asks "where's the proof of control," the answer isn't a single document. It's a system of record made of four artifacts that together prove the trust can actually function.

Think of it like proving you control a company. You don't point to one paper. You show the cap table, board resolutions, bank signing authority, and audited records. Same principle here.

The Four Artifacts

1. The Control Memo
This explains the governance design in plain language. What's the wallet policy? Who holds which roles? What approvals are required for different actions? The Memo is the narrative that makes the technical structure understandable to trustees, attorneys, and family members who aren't cryptographers.

2. Exhibit A (The Control Description)
This is the wallet's "legal description"—the technical specification that gets filed with the trust. It describes the wallet policy, the quorum requirements, and critically: what the trustee holds versus what they must never hold. Exhibit A creates a clear governance map that separates administrative authority from key custody.

3. The THAP Log (Control Continuity)
Governance changes over time. Keys rotate. Keyholders change. Policies adjust. The Trust Hash Amendment Protocol log preserves every change with cryptographic proof—what changed, when, and who approved it. This creates an audit trail that proves control stayed valid through every transition.

4. The Drill Record (Control Evidence)
Talk is cheap. The drill record proves the policy actually works. A non-sensitive attestation showing that the quorum can be satisfied, that keyholders can coordinate, that the spending conditions are achievable—without ever moving real funds. This is the evidence that transforms theory into demonstrated capability.

The sentence to remember:
The Memo explains control. Exhibit A describes control. THAP preserves control. Drills prove control.

The Trustee-Safe Posture

A well-designed control structure protects the trustee as much as it protects the Bitcoin.

What the trustee holds:

• The Control Memo and Exhibit A
• Access to the THAP log and amendment history
• Drill records and verification documentation
• Contact information for keyholders and technical advisors

What the trustee never holds:

• Seed phrases or private keys
• Hardware wallets or signing devices
• Unilateral spending capability

This separation matters. A trustee with keys becomes a target. A trustee with a governance packet and access to a coordinated keyholder network can fulfill their fiduciary duty without holding assets that could be stolen, lost, or coerced.

What We Do (and Don't Do)

Firm6102 helps families and their advisors build Proof of Control systems. We design governance structures, create the documentation, maintain THAP logs, and conduct verification drills.

We do not:

• Take custody of Bitcoin or hold keys
• Provide legal advice (work with your attorney)
• Provide investment advice

We're technical governance consultants. We make sure the system works—and can prove it works—so that when the trustee needs to act, they can.

The Trustee-Ready Audit

If you're a trustee inheriting a Bitcoin position, or an attorney setting up a trust that will hold Bitcoin, or a family trying to get your governance right before it matters—you need a Proof of Control packet.

Our Control & Continuity Audit builds all four artifacts:

• Documents your current control structure
• Creates the Exhibit A for your trust
• Establishes your THAP log baseline
• Runs the first verification drill

When the audit is complete, you'll have a packet that proves—to any trustee, auditor, or court—that control exists, can be exercised, and will survive transitions.

Request a Control & Continuity Audit →

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