SEC Seeks to Question Co-Founder of Singapore’s Terraform Labs

FTX Japan Moves Towards FTX 2.0 via Hiring DriveFTX Japan, a subsidiary company of the collapsed FTX crypto exchange business, is embarking on a hiring spree to bolster its team and drive the FTX 2.0 initiative forward.News of the new recruitment initiative broke via a tweet from Seth Melamed, FTX Japan’s Chief Operations Officer. Melamed wrote: “FTX Japan is hiring! Our team is exploring the leading edge of technology including AI to develop new crypto tools, non-custodial CEX trading, Proof of Solvency, and leading crypto derivatives products.”On the firm’s careers page on its website, FTX Japan details that it is looking to hire a Flutter Engineer to work on mobile applications, customer service staff and a marketer. Additionally, the company is looking to offer an internship.Photo by Tianshu Liu on UnsplashAdvancing FTX 2.0This latest recruitment initiative comes on the back of news that broke last week that the FTX Debtor led by bankruptcy specialist John J. Ray III, had decided not to follow through with the sale of FTX Japan. Most FTX creditors have been calling for the relaunch of the exchange business, dubbed FTX 2.0. Monthly expense filings have shown that various advisors to the Unsecured Creditors Committee (UCC) and professionals working for FTX itself have been spending quite a lot of time working on that possibility.Such a relaunch has as yet not been officially confirmed. However, it is looking increasingly likely that there’s a strong commitment to advancing the FTX 2.0 initiative, and with that, FTX Japan is actively seeking new talent.A restructuring plan is expected to be filed before the end of the month. This will likely move the notion of FTX 2.0 from a matter of speculation to something more tangible. That said, even if it forms part of that plan filing, due to the cumbersome workings of the US bankruptcy process, it’s unlikely that the overall international business will be relaunched until 2024. FTX Japan is solvent and so, it could be back in operation well before then.FTT token speculationEarlier this week, a beta version of a claims filing system was put online, although not officially launched. News of this development led to speculative interest in FTX’s exchange token, FTT.On Tuesday, the token increased in value by 26% within a matter of hours. Pricing has since cooled, and at the time of publication, the token had a unit price of $1.52. Crypto certainly garners speculative interest as this price action demonstrates. It remains to be seen until further clarification is provided by the FTX Debtor and the bankruptcy court in Delaware in the United States as to whether FTT will even feature in the future plans of a restructured business.FTX was very much the standout black swan event within crypto in 2022. However, it’s clear that its story remains unfinished. In the months ahead, we’re likely to hear more about the future plans for the business, in what could become quite the redemption story.

Korean Lawmakers Make Progress on Virtual Asset User Protection BillOn Tuesday, the subcommittee for legal deliberations under the South Korean National Assembly’s National Policy Committee reached a consensus during the first review of the Virtual Asset User Protection Bill, according to Yonhap Infomax.©Pexels/Andrea PiacquadioFirst review phaseThe bill is undergoing a two-phase review process before being legislated. During the first phase, the primary focus was on safeguarding customer assets and preventing unfair transactions. The second phase is expected to concentrate on market order regulations, including the issuance and disclosure of virtual assets.Application of Capital Markets ActSeveral stipulations were included in the approved draft of the Virtual Asset User Protection Bill during the initial review phase. These stipulations include prioritizing the application of the Capital Markets Act to virtual assets that are classified as securities, while excluding central bank digital currencies (CBDCs) from the definition of virtual assets to avoid any potential confusion. The bill also seeks to impose compensatory damages and penalties for any unfair trading practices, and establish a virtual asset committee responsible for investigating any unfair transactions in the digital asset market.The virtual asset committee will also engage in preliminary deliberations regarding the management, supervision, and monitoring of the digital asset market. The committee will carry out tasks assigned to it by the Financial Services Commission (FSC). Furthermore, the Bank of Korea has been granted the right to request data from virtual asset operators since virtual assets, although not currencies, are necessary to consider when establishing monetary credit and financial stability policies.No class action systemHowever, the introduction of a class action lawsuit system was not adopted, and details about inspecting virtual asset operators will be stipulated in a presidential decree rather than a law.Second review phaseFor the second review phase, the FSC will report several matters to the National Assembly. These will involve tasks such as establishing a regulatory framework for stablecoins, security tokens, and utility tokens. In addition, the agency will be responsible for creating a regulatory system for virtual asset valuation, advisory, and disclosure services, as well as an integrated computerized system that provides reliable and reasonable information on digital assets. The FSC will also explore ways to enhance the business conduct discipline of cryptocurrency operators by commissioning research from external organizations.Additionally, the FSC and the Financial Supervisory Service will work on supporting virtual asset exchanges to establish uniform standards for the circulation supply of virtual assets. The regulatory bodies will also enforce the requirement for transparent disclosure and strict internal control on virtual asset operators. Moreover, regulations will be developed to enhance virtual asset usability and remove any obstacles that may impede the development of innovative real-life services.

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.