DeFiance Capital Secures Interim Victory in Dispute With 3AC

A Chinese creditor of failed crypto exchange FTX has filed an objection on his own behalf and that of 300 others, with a U.S. bankruptcy court against a motion lodged with a view towards excluding payouts to creditors resident in China, Russia and 47 other foreign jurisdictions.Photo by Mariia Shalabaieva on UnsplashPotential distribution forfeitureThe FTX Recovery Trust, an entity formed in January to oversee the FTX bankruptcy estate following the adoption of a plan of reorganization, filed a motion last week seeking the approval of the Delaware Bankruptcy Court in the United States to adhere to new parameters related to the claims of creditors residing in restricted overseas jurisdictions. Besides China and Russia, the list of restricted jurisdictions also includes many within the Asian region, including  Afghanistan, Iran, Iraq, Macau, Myanmar (Burma), Nepal, North Korea, Pakistan, Qatar, Bangladesh and Cambodia. The FTX estate claims that these jurisdictions have regulations and laws restricting cryptocurrency transactions. In such cases, the FTX Recovery Trust claims that it cannot break local laws.  The difficulty for creditors resident in these countries is that if it's deemed illegal to reimburse them, they won’t qualify for the next scheduled distribution from the estate. In that instance, distribution forfeiture will be triggered. Taking to X on July 7, FTXcreditor.com, an entity that has been buying up bankruptcy claims from FTX creditors over the course of the FTX bankruptcy process, highlighted the peril that creditors residing in these restricted countries may face. It stated: “Distribution forfeiture is triggered at every distribution record date. The first record date already passed, if your claim is still tied to a local KYC when the stamp drops, that tranche is potentially gone.” Short timeframe for objectionsMr. Purple, a pseudonymous distressed assets bankruptcy professional who has been advocating for FTX creditors since the collapse of the business in November 2022, concurred with this view in a subsequent post on X. He pointed out that an extremely short timeframe has been given to affected creditors to respond. The motion was filed on July 2 and objections are due by July 15. $500 million in claims are at stake which accounts for 5% of all creditor claims. Of this, 82% of these claims belong to Chinese creditors. In a series of follow-up posts, the bankruptcy professional describes several procedural issues that he believes will result in it being incredibly difficult for affected creditors to have their funds reimbursed.Mr. Purple concludes:”The incentives are designed to be extremely risk averse in finding [a legal opinion] that paying creditors is legal! [The estate’s lawyers will] take the fees and say its not legal.” In his court filing, the Chinese creditor, who is resident in Singapore, stated: “My family holds four KYC-verified accounts with aggregate claims exceeding $15 million USD.” . . . “We have fully complied with every procedural requirement under the Plan. The proposed motion now jeopardizes our right to distribution in an arbitrary and inequitable manner.” On X, he asserted that the FTX Recovery Trust’s motion “constitutes an impermissible and material modification of the Plan.” Aside from legal action, the only other potential solution for creditors residing in restricted countries is to sell their claims. However, claims buyers are pricing in greater risk with lower rates and less favorable terms.

True Potential of Asian Crypto ETFs Yet to Be RealizedA recently published report by Hong Kong Exchanges and Clearing Ltd. (HKEX), the Hong Kong stock exchange, has found that crypto exchange traded funds (ETFs) have the potential to play a significant part in unlocking the next phase of digital asset expansion in Asia.©Pexels/Burak The WeekenderThe report, titled “Crypto ETF: Key to unlocking the next phase of digital asset growth in Asia,” highlights how crypto ETFs could attract more institutional investors and lead to increased liquidity in the digital asset market. Furthermore, HKEX claims that the ETF investment mechanism can play its part in offering a more regulated and safe manner through which investors can gain exposure to digital assets.Regulatory progressWhile the report cites an Asian regulatory environment that is becoming increasingly more supportive of digital assets of late, it still identifies a need for further progress to be made to improve the level of regulatory clarity and to provide a truly standardized approach to digital assets. That, it says, will result in crypto ETFs becoming more accessible, offering a diversified way in which the investor can access and gain exposure to digital assets in Asia.Nonetheless, HKEX applauds the work done thus far by regulatory authorities in Hong Kong and Singapore, where regulatory frameworks relative to crypto ETFs have been implemented. Those are measures that the Hong Kong stock exchange believes will increase investor confidence, and in turn, bring about further adoption of digital assets.Modest daily trading volumeBetween December 16 and February 7 the two Bitcoin ETFs and one Ether ETF listed on the Hong Kong stock exchange achieved a daily trading volume of $1.19 million. That’s rather underwhelming when compared with the $3 billion in daily volume being achieved by the Chicago Mercantile Exchange (CME) relative to its Bitcoin and Ether futures ETF in the United States. On the New York stock exchange ProShares Bitcoin Strategy ETF achieves a daily average trading volume of $196 million.These findings are a bit counter-intuitive given the contrasting regulatory approaches in the two territories. In the US, regulators have failed to approve a physically settled Bitcoin ETF. Furthermore, the Securities and Exchange Commission (SEC) has denied the attempts of Grayscale Bitcoin Investment Trust (GBTC) to convert the Bitcoin fund into an ETF. Meanwhile, Hong Kong has much more regulatory clarity but yet trading volume in crypto-related ETFs remains minuscule by comparison with the United States.Despite that, the report remains upbeat with regard to what can be achieved in the market with crypto-related ETFs. It makes a case for crypto ETFs as a means for traditional financial institutions to enter the digital assets market with relative ease. Similarly, it sees a role for global stock exchanges in facilitating future growth of crypto-related ETFs and in developing new ETF products that could unlock access to specific digital assets or bespoke investment strategies.

Indonesia's cryptocurrency regulatory body is urging the government to reconsider its tax policies concerning digital assets. Officials from Indonesia’s Commodity Futures Trading Supervisory Agency (Bappebti) argued last week that the imposition of double taxation on crypto transactions warrants a reevaluation. That’s according to a report which appeared in local news source, Bisnis Indonesia, a Jakarta-based daily newspaper. Currently, cryptocurrencies in Indonesia are classified as commodities, subjecting them to a value-added tax (VAT) of 0.11% and an income tax of 0.1%.Photo by Bisma Mahendra on UnsplashProposed changes in 2025Tirta Karma Senjaya, the head of Bappebti, the Indonesian Commodities and Futures Trading Regulatory Authority, highlighted that the classification of cryptocurrencies as commodities might undergo changes in 2025. This potential shift is due to the planned transfer of crypto oversight from Bappebti to the Southeast Asian country’s financial services authority, OJK.It had been speculated that the switch of oversight would potentially reclassify digital assets as securities. With that change would come a necessary adjustment to the applicable tax policy. Tirta suggested that given that cryptocurrencies are expected to be integrated into the financial sector by January 2025, he urged the Tax Director General to reconsider these tax rates. The regulatory body head added that it’s been over a year since the implementation of these rules. With that, tax policies typically undergo annual reviews. Accommodating crypto’s developmental stateAddressing an event in Jakarta, the regulatory body head emphasized the nascent stage of the crypto industry and its regulatory framework. Consequently, he advocated for providing the industry with leeway to mature until it becomes a substantial contributor to national revenue. In response to Bappebti's call for a reassessment of crypto taxes, Dwi Astuti, a spokesperson for the Ministry of Finance, assured that the Ministry would consider input from both industry stakeholders and the public. "We welcome input from Bappebti and the public. It will certainly be discussed internally," remarked Astuti during a media interaction last week. 2023 crypto tax take slumpThe existing tax structure for cryptocurrencies has been in effect since April 2022, generating approximately $2.49 million in revenue in January 2024. In contrast, Indonesia recorded $41.2 million in crypto tax revenue in the previous year. However in 2023, the country witnessed a decline of 63% in crypto tax revenue compared to the previous year, despite Bitcoin's remarkable surge of approximately 160% during that period. Local crypto exchanges such as INDODAX had attributed the significant drop in trading volume throughout 2023 directly to hefty taxes, expressing concerns that it would drive users towards foreign exchanges. Hasan Fawzi from the Ministry of Finance highlighted the trend of decreasing crypto asset transaction values in 2023. Nonetheless, he noted that the number of crypto asset customers continued to rise, reaching 18.06 million users throughout the year. The crypto sector is seen as having a lot of potential in Indonesia. Last October data released by Bappebti suggested robust growth of the crypto investment landscape within the country. Over the space of a year, Indonesia had seen a 10.1% growth in the number of crypto investors. That data may not have been lost on the country’s politicians as in December, crypto featured as an election campaign issue.