Zodia Custody Expands to Hong Kong to Meet Asian Institutional Demand

Chinese Prosecutors Issue Warning on NFTsIn recent days, China’s top procuratorial agency, the Supreme People’s Procuratorate of China, issued a warning alongside some guidelines on non-fungible tokens (NFTs).The Supreme People’s Procuratorate is the highest office in China charged with the mandate of upholding legal integrity, safeguarding citizens’ rights, and where necessary, conducting criminal investigations. In a statement published on Monday, the agency set out an advisory, together with additional recommendations, pertaining to NFTs.Photo by Markus Winkler on PexelsNFT status in ChinaWhile all and sundry are aware of a multi-year crack-down by the Chinese authorities on crypto in recent times, exemplified by a ban on crypto trading and the operation of crypto mining facilities within the country’s borders, the status of NFTs has been discussed to a much lesser degree.NFTs remain legal within the country. When the crypto trading ban came into play in 2021, much of the local industry connected with that trading activity disappeared. However, in its place, a newly emergent trend came to the fore in the form of NFTs. With cryptocurrencies perceived as being high risk and sanctioned by the authorities, attention turned to NFTs and there has been a surge of adoption of the digital collectibles within China as a consequence.NFT risksThe procuratorial agency highlighted a number of attributes as well as risks in relation to NFTs in the report that it published. The agency finds the issue of ownership of NFTs as a troublesome one. It cites the fact that NFTs can be replicated and distributed at will on this basis as being particularly problematic. The legitimacy of the right source of the work itself is the decisive factor for the healthy and orderly development of digital works NFT transactions,” it states.It appears that the agency, like many in traditional professional circles before them, have a difficulty recognizing the model of asset ownership that NFTs incorporate. That ownership is not defined by civil law or in accordance with centralized systems but by simply the possession of the requisite private key pertaining to a given NFT within a decentralized system.Blockchain, not cryptoThe agency acknowledged that NFTs do present a novel application of blockchain technology. This is not surprising as while there might be an ongoing clampdown on decentralized cryptocurrencies in China, officials at a national level and in numerous instances within regional administrations, are demonstrating a strategy of leveraging blockchain technology for the betterment of the Chinese economy in the future.Public prosecutor Wang Xia-fen, one of the authors of the report, stated: “It’s widely recognized that digital collectibles have the potential to protect intellectual property rights, boost content creation and enrich the digital economy.” Wang encouraged public prosecutors to “find the distinction between real innovation and criminal activities” where NFTs are concerned.The upshot of its report though, is that the procuratorial agency is uncomfortable with the similarity of many of the attributes of NFTs when compared with decentralized cryptocurrencies. It issued a warning on that basis, emphasizing a need for risk assessment to be carried out and further consideration of the legal risks that are implicated.

New York Bans CoinEx While Seizing Crypto AssetsCoinEx, a Hong Kong-based cryptocurrency exchange, has been banned from operating in the US state of New York by Attorney General Letitia James. The ban comes after the exchange allegedly failed to register as a securities and commodities brokerage and falsely represented itself as an exchange.Photo by Jan van der Wolf on Pexels$1.7 million seizureThat’s according to a statement published by the Office of the New York State Attorney General on Thursday. As part of an agreement reached between the parties, over $1.7 million worth of CoinEx’s funds have been seized.Under the terms of the agreement, approximately $1.1 million will be returned to 4,691 investors from New York, and an additional $600,000 will be paid in penalties to the state. To prevent access by New York IP addresses, CoinEx must implement geo-blocking. Moreover, the exchange is forbidden from creating new accounts for customers based in the United States.Trade prohibitionThis recent development resolves a lawsuit filed against CoinEx in February by the New York state. The state accused the exchange of misleading investors and failing to register with local authorities. In accordance with the consent order, CoinEx is now prohibited from offering, selling, or purchasing securities and commodities in New York and cannot make its platform available in the state.James emphasized the consequences for crypto companies that disregard New York’s laws and put investors at risk. The agreement serves as a warning that her office will continue to crack down on such companies. CoinEx users have a 90-day period to recover their crypto funds directly from the exchange.After this period, eligible investors can request fiat currency refunds by emailing coinexrefund@ag.ny.gov. Refunds will be provided in cryptocurrency or cash equivalents held in accounts as of April 25.CoinEx faced a lawsuit in the New York Supreme Court on February 22, where Attorney General James alleged that the exchange engaged in fraudulent practices and violated the state’s Martin Act, known for its strict anti-fraud provisions. The complaint included tokens such as Amp, LBRY Credits (LBC), Rally (RLY), and Terra.Harsh stanceThe banning of CoinEx in New York highlights the regulatory scrutiny surrounding cryptocurrency exchanges and the importance of compliance with local laws and regulations. On the one hand, the enforcement actions taken by authorities aim to protect investors and ensure the integrity of the financial system.However, the state of New York has been particularly harsh in its dealings with crypto companies. As today’s statement reveals, the New York Attorney General has taken action previously against crypto exchange Kucoin, crypto lending platform Nexo, and USDT stablecoin issuer Tether.These actions tie in with the current anti-crypto regulatory pushback that prevails in the United States right now. Other state agencies, including the Securities and Exchange Commission (SEC) who last week sued global crypto exchanges Coinbase and Binance, the Federal Reserve, the Department of the Treasury, and the Federal Deposit Insurance Corporation (FDIC), have all conspired to crack down on the industry in the US in recent months.

South Korea is tightening its grip on the cryptocurrency sector, with courts handing down the first prison sentence under an investor protection law enacted last year. The ruling comes just as financial authorities signal a comprehensive overhaul of digital asset governance, ranging from ownership caps to the tokenization of real-world assets. The Seoul Southern District Court sentenced the head of a crypto management firm to three years in prison for manipulating virtual asset prices and amassing roughly 7 billion won in illegal profits, according to Yonhap News Agency. The court also imposed a fine of 500 million won ($340,000) and ordered the forfeiture of approximately 846 million won ($580,000). Photo by Daniel Bernard on UnsplashFirst sentence under 2024 protection lawThis marks the first conviction under the new investor protection law, which took effect in July 2024. It was also the first case fast-tracked directly from the Financial Supervisory Service (FSC) to prosecutors under the new legal framework. The conviction coincides with a broader regulatory debate involving Financial Services Commission (FSC) Chairman Lee Eog-weon. According to MoneyToday, in testimony before the National Assembly’s National Policy Committee on Feb. 5, Lee outlined an agenda covering anti-money laundering (AML) enforcement, stablecoin regulation, and digital innovation. However, he cautioned lawmakers against enacting blunt, one-size-fits-all rules that could stifle competition. Ownership cap rules trigger debateLee pushed back against a proposal to cap major shareholder stakes at 15%, pointing out that the exchange market is already a monopoly where smaller players hold less than 3% combined. He warned lawmakers that forcing firms with negligible market share to dilute ownership would effectively choke off investment. He argued that such restrictions would stifle innovation, advocating instead for a tiered regulatory approach that accounts for new entrants starting with no market share. Lee also addressed a separate policy direction that would recognize bank-led consortia—in which banks hold more than 50% plus one share—as eligible stablecoin issuers. He said the approach was not intended to favor any particular corner of the financial industry. On the enforcement side, the commission announced plans to strengthen its response to cross-border crime and money laundering involving digital assets, as reported by Digital Asset. A key measure under consideration is the expansion of the travel rule, which requires exchanges to share sender and recipient information for transactions. The rule currently applies to transfers of 1 million won ($680) or more, and regulators want to extend it to smaller transactions as well. The commission also pledged to support AI-driven transformation across the financial sector and to build a comprehensive regulatory framework for digital assets. STOs near legalizationIn a related development, South Korea has cleared a major legislative hurdle for the tokenization of real-world assets (RWAs). Amendments to the Capital Markets Act and the Electronic Securities Act passed the National Assembly last month, roughly three years after financial authorities first issued guidelines on security token offerings (STOs), according to another Digital Asset report. The legislation allows securities to be digitized on blockchain-based distributed ledgers and creates a new class of issuer account management institutions, enabling qualified companies to issue and manage security tokens directly. The bill now requires only Cabinet approval and official promulgation before it takes effect.