Chinese Court Recognizes Virtual Assets as Legal Property

Terraform Money Trail Leads to Swiss BankAuthorities in both South Korea and the United States continue to advance their investigations into Terraform Labs, the Singapore-based company behind collapsed algorithmic stablecoin Terra USD (TUSD) and its South Korean CEO, Do Kwon, with the latest developments involving transfers made to a Swiss bank.©Pexels/Robert StokoeFollowing the moneyIn a lawsuit filed by the Securities and Exchange Commission (SEC) in the United States in February, the Commission claimed that Do Kwon and his company Terraform Labs transferred 10,000 Bitcoin to a Swiss bank. It now appears that the bank in question is digital asset banking specialist, Sygnum Bank.It’s understood that Do Kwon converted a large proportion of that Bitcoin into cash. According to Finbold, the Financial Securities Crime Joint Investigation Division at the Seoul Southern District Prosecutor’s Office has disclosed that it is following the digital asset trail to Switzerland in an effort to secure associated funds.LFG fundsThe funds are believed to have belonged to the LUNA Foundation Guard (LFG), an entity that was established with the objective of building reserves and safeguarding the USD peg of the Terra USD algorithmic stablecoin during volatile market conditions.Roughly 130 billion won, or $100 million, is being pursued, between digital assets and cash held within various Sygnum accounts. South Korean authorities had previously indicated that they were investigating transfers made by Do Kwon to a prominent Korean law firm. Earlier this week, they charged ten individuals connected to Terraform Labs with various offenses.During the press conference in which those charges were brought, the Seoul Southern District Prosecutor’s Office stated:”We have also confirmed that $100 million has been used in several places, not left in the Sygnum account as it is, and some transfers have been made to the Kim & Chang law firm account (at the attorney’s expense) and the remaining amount is about billions of won.”International complexityThis recent phase in the investigation is revealing the international nature of the case and the complexity that brings with it. Authorities in the United States and South Korea have submitted requests to have certain Sygnum Bank accounts frozen. Do Kwon and Terraform Labs are trying through the courts to have the SECs involvement dismissed on the basis that Terraform was a Singaporean company and Do Kwon a South Korean national, and on that basis they claim that the SEC lacks jurisdiction.Sygnum, being a Swiss entity will have to abide by what Swiss authorities instruct it to do relative to the Terraform-related funds held in accounts with the bank. Sygnum told Finbold that it couldn’t comment on whether it had received requests to freeze assets.The bank stated: “We can communicate that after the collapse of Terra in May 2022, on the basis of an official court order, Sygnum transferred more than 70% of the Bitcoin-sale FIAT proceeds into the escrow account of an international and to other reputable law firms.” It added that no Swiss or foreign authority has accused Sygnum of any wrongdoing.

Hong Kong Regulator Explores Tokenization to Transform Bond MarketThe Hong Kong Monetary Authority (HKMA), the local regulator within the Chinese autonomous territory, unveiled the outcomes of its Project Evergreen study on Friday. Within the report, it indicated an interest in harnessing tokenization in order to improve aspects of the bond market.Photo by Jimmy Chan on PexelsBond market impact assessmentIn this comprehensive report, the regulator delved into the intricate world of bond tokenization, offering an in-depth assessment of its potential impact on the market. The 24-page report covers a range of insights, spanning use cases and benefits to the challenges encountered during the study. The overarching sentiment emerging from the study paints tokenization as a compelling avenue for enhancing the bond market’s functionality.Eddie Yue, the Chief Executive of HKMA, emphasized that the study underscored the latent potential of integrating distributed ledger technology (DLT) into real capital market transactions, all within the framework of Hong Kong’s existing legal structure. In addition, the research revealed the prospect of DLT elevating efficiency, transparency, and liquidity within bond markets.Highlighting efficienciesThe report highlighted that the digital nature of tokenized bonds has the power to render paper certificates obsolete, ushering in an era of streamlined processes and diminished errors. Moreover, the study emphasized the capacity for various stakeholders to seamlessly interact via a shared DLT platform, fostering an environment of collaboration. Real-time data synchronization would ensure heightened transparency, a crucial factor in modern financial markets.Furthermore, the report identifies that a standout feature of tokenization lies in atomic delivery versus payment (DvP) settlements for bond transfers. This innovation serves to significantly expedite the settlement process while bolstering the case for end-to-end DLT adoption.That said, the report acknowledges the nascent state of bond tokenization. Yue emphasized that a plethora of challenges must be overcome before mass adoption becomes viable. The HKMA official underscored the necessity for regulatory frameworks to evolve alongside technology adoption.These insights arrive at a time when Hong Kong is carving its niche as a haven for crypto and decentralized finance endeavors. A multitude of enterprises are believed to be queuing up for a coveted Hong Kong crypto license, underscoring the city’s rising stature in the digital finance sphere.July saw Hong Kong’s announcement of a partnership with Saudi Arabia, focusing on tokenization and payments. Additionally, the HKMA is actively exploring the establishment of a regulatory framework for the digital Hong Kong dollar and stablecoins, heralding a commitment to the distributed ledger technology (DLT) application. An imminent seminar with industry stakeholders is planned, aimed at introducing DLT technology and fostering its adoption.Arthur Chan, HKMA Assistant Chief Executive, anticipates wider DLT integration, envisioning reduced settlement times for bond issuances and instantaneous settlement through tokenized cash and smart contracts. He acknowledges the evolving nature of DLT platforms, acknowledging the need for further research and development. However, Chan envisions a future where tokenization extends beyond bonds, potentially encompassing securities, real estate, and mortgage products.

Despite reports emerging on Monday that it had invested in Array, an algorithmic currency system, Singaporean state-owned conglomerate and global investment firm Temasek has denied any such investment.In a very brief statement published to its website on Tuesday, Temasek stated:“We have seen news articles and a tweet from Array about Temasek’s investment in it. This news is incorrect. Temasek has not invested in Array and we have no relationship with them.”CoinTelegraph had taken to reporting the claim on Monday. The article had outlined a $10 million investment by the Singaporean state investor into Array, the developer of an algorithmic currency system that relies upon smart contracts and artificial intelligence. Reputational lossIf it had been true, such an investment would have been seen as a positive for the crypto space as it would be indicative of a renewed appetite for crypto-based projects from the giant Southeast Asian investor.Temasek was a key investor in failed cryptocurrency exchange, FTX. In November 2022, the company had to write down its entire investment of $275 million into the fraudulently managed exchange business. To an onlooker, a $275 million write-down may seem like an extraordinary loss.However, given that the Singaporean investing behemoth has a $403 billion dollar portfolio, the loss represents just 0.09% of that portfolio, hardly making a dent in the health of the company.The greater loss for Temasek relative to the FTX collapse has been reputational. Top tier venture capital investors like Temasek, who had otherwise been assumed to be the most diligent of actors in the professional investing world, were all sharply criticized for failing to identify the extent of the mismanagement and fraud that had occurred at the now bankrupt cryptocurrency exchange. Bogus ClaimsIn fairness to those who had reported the fake news, they were acting on information that Array had put out into the ether and as of yet, has not corrected. At the time of publication, the project’s website features a list of renowned investors including Temasek. Alongside Temasek, Array claims to have obtained investment from Standard Chartered, Coinbase Ventures, Spark Capital, Khosla Ventures, The Blackstone Group, Binance Labs, Sequoia Capital and a16z.In the case of Binance Labs, a spokesperson for the venture arm of the global exchange told The Block that it is not an investor in the project. To further dispel the claim, Temasek took to Twitter, stating:”Fake news about Temasek’s investment in @Array_Protocol. We have seen news articles and a tweet from Array about Temasek’s investment in it. This news is incorrect. Temasek has not invested in Array and we have no relationship with them.” Further instances of misinformationThe misinformation follows a similar scenario that played out with OPNX, a newly launched platform that offers spot and futures trading, alongside the ability for investors to trade bankruptcy claims.A couple of weeks ago, the platform, which had been founded by Kyle Davies and Su Zhu, the key executives behind failed crypto hedge fund, Three Arrows Capital, asserted that it had the backing of some notable investors. Almost immediately, venture capital and market maker DRW and venture capital firm Nascent denied that they were investors in OPNX.