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Vauld Implements Key Leadership Changes Amid Bankruptcy Proceedings

Policy & Regulation·August 25, 2023, 11:30 PM

Failed Singaporean cryptocurrency lender Vauld has unveiled a comprehensive overhaul of its board structure.

Photo by Yibei Geng on Unsplash

 

Ongoing restructuring

The platform, which faced financial turmoil leading to its declaration of bankruptcy last year, is introducing fresh leadership to spearhead its restructuring efforts. The move involves the appointment of a new CEO, a creditor representative, and a scheme manager.

The current CEO and Co-Founder of Vauld, Darshan Bathija, announced the proposed changes via a post on X (formerly Twitter) on Thursday. He emphasized that the new appointees would take charge of orchestrating a much-needed bailout.

The challenges faced by the company through its ongoing bankruptcy proceedings have prompted Vauld to secure court approval for this new organizational scheme. In his social media post, Bathija stated:

“Vauld (Defi Payments Pte Ltd) got its scheme of arrangement passed in Singapore courts. As part of the scheme, the current board will be replaced with a new CEO, a creditor representative, and a scheme manager.” Additionally, Bathija noted that the exchange’s customers are actively updating their Know Your Customer (KYC) details.

This announcement comes almost a year after Vauld came under scrutiny due to a money laundering investigation. The cloud of suspicion surrounding the firm at the time led to the freezing of assets worth $46.4 million from its domestic operations by Indian authorities.

 

Nexo acquisition failure

In February of this year, the Singapore High Court granted Vauld an extension until March 24 to formulate a comprehensive strategy for repaying its creditors. The extension became crucial after a potential acquisition deal with Nexo fell through. However, despite this reprieve, the exchange was unable to secure a further extension, fueling discussions within the community about the challenge of meeting creditor obligations within a relatively short time frame.

In a step to facilitate the resolution of outstanding amounts, the court established a committee of creditors (CoC). This move was prompted by allegations from a faction of creditors that Vauld was impeding communication and implementing unwarranted corrective measures. Notably, the exchange owes more than $2.2 million to these creditors.

Vauld has contracted the services of risk and financial advisory firm Kroll as part of the restructuring efforts. In an isolated instance of good fortune, it appears that Vauld creditors are unaffected by a data breach which occurred recently at Kroll, while creditors of the Genesis, FTX, and BlockFi crypto bankruptcy processes have had their data compromised.

 

Charting a path forward

Bathija conveyed that more updates regarding the platform’s path forward would follow soon. Vauld’s financial instability can be attributed to several factors, chief among them being the ripple effect of Terra’s downfall. Further complications arose due to economic issues tied to the Celsius Network and Three Arrows Capital (3AC) defaulting on their loans. These cumulative challenges led to Vauld’s operational suspension.

Despite this failure and similar issues relative to crypto lender Hodlnaut and 3AC, which were also based in the city state, Singapore continues as a jurisdiction that effectively balances regulatory control with the drive to foster innovation. Its central bank and financial regulator, the Monetary Authority of Singapore (MAS), recently unveiled a comprehensive framework for stablecoins.

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Policy & Regulation·

Sep 22, 2023

Korea to Tighten Scrutiny of Crypto Exchange Shareholders Amid Rising Concerns

Korea to Tighten Scrutiny of Crypto Exchange Shareholders Amid Rising ConcernsSouth Korea’s financial regulator is stepping up efforts to evaluate the qualifications of majority shareholders of cryptocurrency exchanges, according to a report by local news outlet Newsis. This initiative follows instances where majority shareholders of local exchanges, including Bithumb, found themselves embroiled in criminal proceedings. Drawing parallels with the banking sector, the regulator is scrutinizing the credentials of majority shareholders to ensure compliance and integrity within the cryptocurrency exchange landscape.Photo by Terrence Low on UnsplashRevamping reporting requirementsThe Financial Intelligence Unit (FIU) under the Financial Services Commission recently set up a task force to revamp the reporting requirements for crypto exchanges.The upcoming requirements are anticipated to be integrated into the reporting forms that cryptocurrency exchanges must complete, starting in October of next year. Essentially, these stipulations will determine whether existing exchanges, such as Upbit, Bithumb, and Coinone, can sustain their operations in the future.Periodic evaluationAccording to the Enforcement Decree of the Financial Transaction Reports Act, all virtual asset service providers (VASPs), including exchanges, are mandated to submit a renewal report every three years. Upbit, having been the first to submit its initial report in October 2021, will join other crypto exchanges in updating their reports in October 2024.A majority shareholder qualification assessment is a process in which the government periodically checks whether majority shareholders have the necessary qualifications to operate a financial company. Through this process, the FIU aims to curb potential illicit activities by majority shareholders, who hold significant sway over cryptocurrency exchange operations, thereby mitigating any potential harm to the users.Regulatory grey areaThis measure emerged from concerns that majority shareholders of exchanges have existed in a regulatory grey area. In fact, under the Financial Transaction Reports Act, only exchange representatives and registered officers are required to report and undergo examination when declaring VASPs. This leaves the actual owners and controllers — the majority shareholders — unidentified and unexamined.The current circumstances involving VASPs are markedly different and more concerning compared to other financial sectors. In the banking sector, restrictions are placed on share ownership and voting rights if majority shareholders have breached financial laws or if they are capital entities forbidden from owning a bank. Similarly, online peer-to-peer lenders and large lenders are also under obligation to have their majority shareholders scrutinized, as they fall under analogous regulations.Fraud and manipulation allegationsThe heightened scrutiny is also thought to have been sparked by recent allegations of fraud and market manipulation involving some majority shareholders of Korean exchanges. For instance, Mr. Kang Jong-hyun, a majority shareholder of Bithumb, is currently facing a criminal trial for allegations of fraudulent and unfair trade activities under the Capital Markets Act. Additionally, Song Chi-hyung, the majority shareholder of Upbit and chairman of Dunamu, is facing a Supreme Court trial over alleged price manipulation through wash trading.Moves to amend legislationMeanwhile, efforts are underway in the National Assembly to amend the existing legislation. Yun Chang-hyun, a lawmaker from the ruling People Power Party and a member of the National Policy Committee, has recently proposed a bill to revise the Financial Transaction Reports Act. The amendment seeks to implement a majority shareholder screening system for VASPs.The proposed amendments would obligate VASPs, including crypto exchanges, to disclose information about their majority shareholders in their reports, thereby enabling the FIU to scrutinize any past financial crimes or economic offenses committed by these majority shareholders.

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Web3 & Enterprise·

Aug 09, 2023

Bitstamp Raises Funds to Enable Asian Market Expansion

Bitstamp Raises Funds to Enable Asian Market ExpansionBitstamp, one of the world’s oldest cryptocurrency exchanges, is embarking on an ambitious endeavor to expand its services within the Asian market through a fresh funding round.Bloomberg reported on Monday that the firm’s CEO Jean-Baptiste Graftieaux, stated that “our current and exclusive priority is to raise money through strategic investors to accelerate Bitstamp’s growth by providing new products and services to retail and institutional crypto customers.”Photo by Markus Winkler on UnsplashDerivatives trading and Asian expansionIn accomplishing the funding round, the company is being guided by Mike Novogratz of Galaxy Digital Holdings. Bitstamp initiated its fundraising efforts in late June. The objective behind these efforts is to secure the capital required for launching derivatives trading in Europe by 2024 and to extend the platform’s reach across various markets in Asia. Moreover, Bitstamp has its sights set on fortifying its presence in the United Kingdom, seeking to establish a more robust footing there.Bitstamp’s current endeavors to amplify its operational scale are aligned with the company’s broader ambitions announced in 2018. This was the year when the firm was acquired by NXMH, a South Korean-backed entity.Not for saleBack then, Nejc Kodrič, one of Bitstamp’s co-founders, asserted that the intention was not to sell the company or actively seek investment. Nevertheless, the acquisition was realized, and Kodrič opted to cash out a majority of his Bitstamp stock while retaining a 10% stake and continuing as the CEO.Graftieaux was emphatic in clarifying Bitstamp’s intentions, stating that the company is not actively seeking to be acquired or to sell itself. This news arrives just a few months after Ripple acquired a minority stake in Bitstamp during the first quarter of 2023. Galaxy Digital played an instrumental role as an adviser throughout that transaction, which was publicly disclosed in late May.Coinciding with this news, Bitstamp has unveiled some trading restrictions for its US user base. Effective from August 29, the exchange will temporarily halt trading for tokens such as Axie Infinity (AXS), Chiliz (CHZ), Decentraland (MANA), Polygon (MATIC), NEAR Protocol (NEAR), The Sandbox (SAND), and Solana (SOL).This pause in trading activities has been attributed to “recent market developments,” with assurances that the ability to hold and withdraw these tokens will remain unaffected. All of the projects behind the tokens that Bitstamp is planning to halt the trading of have been named by the US Securities and Exchange Commission (SEC) as unregistered securities in its lawsuit against Coinbase.Slovenian rootsHaving originated in Slovenia in 2011, Bitstamp gradually evolved into a prominent force in the cryptocurrency trading landscape. Once an alternative to the then-dominant Bitcoin exchange, Mt. Gox, Bitstamp’s reach and influence have grown substantially. It currently stands as one of the world’s largest crypto exchanges, boasting a trading volume of approximately $127 million over a recent 24-hour period, according to data published by crypto data aggregator CoinGecko.The developments at Bitstamp demonstrate that the firm continues to refine its global strategy, extending its services and product offerings to various markets globally.

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Policy & Regulation·

Aug 01, 2023

Binance Expands Crypto Offering in Dubai with New License

Binance Expands Crypto Offering in Dubai with New LicenseDubai has welcomed one of the biggest players in the crypto sector, Binance, with the Virtual Asset Regulatory Authority (VARA) awarding the firm a new trading license.Photo by Petar Avramoski on UnsplashServing qualified investorsAccording to an announcement made by the company on Monday, Binance’s Dubai-based subsidiary, Binance FZE, has secured the operational Minimum Viable Product (MVP) license from VARA.Eligible investors in Dubai, deemed as “qualified retail clients,” will now have access to authorized services such as compliant crypto-to-fiat exchanges, adhering to the guidelines set by the Financial Action Task Force (FATF). To qualify, investors must meet specific criteria, including being at least 21 years old and possessing a minimum of 500,000 United Arab Emirates dirhams ($136,000) in net liquid assets, supported by relevant documentary proof like bank statements and proof of funds.Additionally, qualified investors are required to provide valid identification documents, including passports and visas, along with proof of a valid UAE address and contact details. This comprehensive verification process ensures compliance with regulatory requirements and enhances security measures for all parties involved.Expanded service offeringThe move is a significant development as it allows Binance to offer cryptocurrency exchange and virtual asset broker-dealer services to institutional and qualified retail investors in Dubai.With the new license, Binance’s Dubai entity can now offer crypto-to-fiat exchange, conversions, transfer and custody solutions, brokerage facilities, as well as virtual asset payments and remittance services. The development builds upon Binance’s previous progress, having received the provisional MVP license in March 2022, followed by the preparatory MVP license in September 2022.Licensing challengesIt’s worth noting that some crypto exchanges have faced challenges operating with preparatory MVP licenses due to limited capabilities, only serving a restricted set of accredited investors. Bybit CEO Ben Zhou had previously highlighted this concern. That said, Zhou still came to the conclusion recently that the regulatory approach in the UAE is superior by comparison with many other jurisdictions.The news of Binance’s successful licensing comes shortly after VARA suspended the operational license of another crypto exchange, BitOasis, for not meeting required conditions within the set timeframes. BitOasis assured its commitment to fulfilling the remaining conditions in collaboration with VARA.In April 2023, VARA sought additional information from Binance, aiming to tighten regulatory standards in the emirate. Binance promptly provided all requested information and looked forward to further collaboration with VARA as it prepared for the next phase of licensing.Compliance with VARA’s framework includes adherence to compulsory rulebooks related to general operations, compliance, and market conduct requirements. The regulator has published key highlights of the regulations in 2023, underscoring its efforts to create a robust and well-regulated crypto market in Dubai.Regulatory headwindsBinance’s latest regulatory achievement indicates the exchange’s dedication to expanding its services and offerings in the region. It could potentially lead to something even more significant for the company in the Middle East as Binance has suggested that it would be more likely to expand in places such as Dubai, given an adverse regulatory approach elsewhere.Over the course of the past three months, the company has been forced out of key markets such as Germany, Canada, Belgium, the Netherlands, and Cyprus, due to regulatory pushback.

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