Seoul and Baobab Partners Face Controversy Over Unpaid Prize Winnings for SWF2023 Hackathon

Korea considers legal recognition of virtual assets as trust assets for investor protectionSouth Korea’s Ministry of Justice (MOJ) is assessing whether customers’ virtual assets on cryptocurrency exchanges should be legally recognized as trust assets. This classification would give users priority in claiming their virtual assets in case of an exchange’s bankruptcy, thus strengthening investor protection. There’s a noted concern about potential disputes in such bankruptcy situations, as users’ digital assets are typically considered to be in the custody or storage of these platforms.Photo by Daniel Bernard on UnsplashLegal study by Seoul National UniversityAccording to a Tuesday report by local news outlet ChosunBiz, citing industry and legal sources, the MOJ has initiated a legal study on this subject. The research is being conducted by the Seoul National University R&DB Foundation, which started the project earlier this month.Through this study, the MOJ is expected to examine the legal classification of cryptocurrency as property. This review is significant because, for cryptocurrencies to be held in a trust, they must be legally recognized as property. Meanwhile, the upcoming Virtual Asset User Protection Act, set to come into effect next July, mandates that only cash deposits made by users be segregated from the assets of the exchange itself.In Korea, under the current provisions of the Capital Markets Act, virtual assets are not recognized as being held in a trust. Instead, staked cryptocurrencies are seen as being under custodial management or storage. In such arrangements, only a debtor-creditor relationship concerning virtual assets is acknowledged, differing from the legal framework of a trust.Prioritization of rightsIf a cryptocurrency exchange becomes insolvent and enters liquidation, the current legal framework could end up prioritizing the rights of the exchange’s creditors or shareholders over those of the crypto investors. This situation has faced criticism for its inadequate protection of investors. However, if the crypto assets were considered to be held in trusts, it would enable users to acquire “rights to foreclose outside bankruptcy.” This means users would have the right to receive priority reimbursement for their crypto assets, offering them a higher level of protection in the event of an exchange’s bankruptcy.Regarding this development, an official from the MOJ said that while the study is a fundamental legal review focused on exploring ways to protect users through the application of trusts for various cryptocurrency transactions, including those involving decentralized finance (DeFi), it is too early to provide specific details at this stage.

Japan’s Financial Services Agency (FSA) plans to ban insider trading in the cryptocurrency market, according to an Oct. 15 report in Nikkei, cited by CoinPost. The forthcoming rules would amend the Financial Instruments and Exchange Act to explicitly bar trading based on nonpublic information, with violators subject to administrative fines.Photo by Louie Martinez on UnsplashTightening oversight through the SESCThe FSA intends to hammer out the details through a working group by year’s end and aims to submit a bill amending the securities law during the 2026 ordinary session of the Diet. Under the proposal, the Securities and Exchange Surveillance Commission (SESC) would gain authority to investigate suspected violations and could recommend fines or criminal charges in cases of alleged insider trading. Experts say Japan’s system of self-regulation, led by cryptocurrency exchanges and the Japan Virtual and Crypto Assets Exchange Association (JVCEA), lacks sufficient data monitoring. The government hopes that granting the SESC oversight of crypto transactions will help ensure fairer trading and make the market more attractive to investors. The new rules would target the use of confidential information, such as advance knowledge of a token listing or a major security flaw. Yet applying insider-trading standards to crypto may prove difficult. Many tokens have no clear issuer, making it harder to determine whose information could move markets or who should be held accountable. Crypto investing has surged in Japan, with domestic trading accounts quadrupling in five years. The FSA now aims to update its rules to reflect that digital assets are traded mainly as investments, not as payment instruments. Leadership transition brings policy uncertaintyJapan’s plan to strengthen oversight of cryptocurrencies coincides with a period of political transition. Prime Minister Shigeru Ishiba has announced his intention to step down but remains in office for now. According to CNBC, Sanae Takaichi, newly elected president of the ruling Liberal Democratic Party (LDP), would typically be expected to assume the premiership, but the coalition’s collapse has upended what would otherwise be a routine transition. The parliamentary vote to choose Japan’s next leader, initially slated for Oct. 15, has been postponed to Oct. 21. In the wake of the split, the main opposition Constitutional Democratic Party (CDP) is reportedly seeking Komeito’s support for a joint prime ministerial candidate. Yuichiro Tamaki, leader of the Democratic Party for the People (DPP), is seen as a potential consensus choice. The ruling LDP currently holds 196 seats in the lower house, but a united opposition could command a larger bloc. Tamaki has also drawn attention in crypto circles. About a year ago, he proposed cutting taxes on cryptocurrency gains to 20%, a flat rate similar to that on stock profits, during his campaign against Ishiba. At present, crypto gains in Japan are classified as miscellaneous income and taxed at progressive rates that can exceed 50% when local levies are included. Metaplanet’s Bitcoin strategy tested amid market shiftsAgainst that backdrop, Metaplanet, often dubbed Japan’s answer to the U.S. firm Strategy for its aggressive Bitcoin (BTC) accumulation, is under pressure as its valuation slips below the value of its crypto holdings. The company’s market-to-BTC net asset value (mNAV) ratio fell to 0.99 on Oct. 14, dropping below 1 for the first time. The metric compares the company’s market value with its BTC holdings, and a reading below 1 means the stock is trading at a discount to its BTC reserves. The decline comes after Metaplanet paused BTC purchases for the past two weeks. As of Oct. 1, the company held 30,823 BTC on its balance sheet. 

Leading Chinese gaming company lines up $100M crypto investmentAs yet another indicator of the rising trend of institutional crypto investments, China’s premier board and card game company, Boyaa Interactive, has unveiled plans to invest up to $100 million in cryptocurrency assets, with a focus on Bitcoin (BTC) and Ethereum (ETH).News of Boyaa’s plans emerged following a disclosure from the Hong Kong Exchanges and Clearing Limited, which stated that the company will distribute notices regarding its crypto investment plans during an extraordinary general meeting (EGM). The relevant details are expected to have been supplied to shareholders on or before Nov. 30. The company has emphasized its intention to ensure transparency while adhering to listing rules throughout this process.Photo by Traxer on UnsplashDigital asset acquisition over a 12-month periodThe decision to delve into the world of cryptocurrencies aligns with Boyaa Interactive’s commitment to strengthening its presence in the evolving Web3 landscape, as highlighted by the company’s board of directors. The proposal outlines a comprehensive strategy to acquire the assets over a 12-month period, pending approval at the upcoming EGM.The planned acquisition involves allocating approximately $90 million equally between Ethereum and Bitcoin. The remaining $10 million is earmarked for stablecoins Tether (USDT) and USD Coin (USDC). Boyaa Interactive asserts that the actual acquisitions will depend on open market conditions, with a commitment not to pay premiums exceeding 10% of prevailing market prices. Funding for this initiative will be sourced from the company’s existing cash reserves.The board will play a crucial role in determining the specific cryptocurrencies to acquire, their allocation ratios and the optimal timing for purchase. The emphasis is on prudent risk management, aligning with Boyaa’s business development strategies.Diversification strategyThe company justifies its choice of Bitcoin and Ethereum by citing their alignment with its long-term development goals. In the document, Boyaa Interactive highlights the importance of investing in cryptocurrencies with robust market liquidity and substantial market values. Bitcoin, Ethereum, USDC, and USDT, chosen for their high market liquidity, align seamlessly with Boyaa’s strategic vision.In its stock exchange filing, it justifies these plans on the basis of a desire to diversify its holdings. The document reads:”[The] purchase of cryptocurrencies is also an important arrangement for the Group’s asset allocation, as allocating part of the Group’s idle reserve funds in cryptocurrencies can serve as a diversification to holding cash in treasury management, and a measure to balance investment risks and returns.”Growing asset acceptanceThe move into the cryptocurrency market comes at a time when institutional investors are increasingly flocking to major assets like BTC and ETH. Reports indicate significant inflows of institutional funds into these cryptocurrencies, setting the stage for what appears to be an extended bull market.Boyaa first showed an interest in holding crypto on its balance sheet back in August when it proposed allocating $5 million towards cryptocurrency investment. The company following up with a $100 million investment serves as a testament to the growing acceptance and integration of cryptocurrencies within mainstream business strategies.