Korea Fintech Industry Association Establishes Council for Security Tokens

DeFiance Capital Secures Interim Victory in Dispute With 3ACSingapore’s DeFiance Capital, a Web3 and crypto investment firm, has notched up a small triumph in its ongoing $140 million legal clash with failed Singaporean crypto hedge fund, Three Arrows Capital (3AC).Photo by Sasun Bughdaryan on UnsplashFavorable rulingAccording to a statement provided via a Medium blog post by DeFiance Capital Founder and CEO Arthur Cheong on Tuesday, the High Court of Singapore has delivered a favorable ruling for the firm, endorsing its preference for jurisdiction in Singapore, rather than the British Virgin Islands, which had been advocated by 3AC.The tussle between 3AC and DeFiance Capital centers around the ownership of certain assets. The liquidators appointed by the British Virgin Islands Court, from Teneo, assert that these assets essentially belong to 3AC’s creditors. However, DeFiance Capital argues vehemently that these assets must be partitioned and returned to its stakeholders.Struggle over assets and jurisdictionAt the heart of the matter are assets totaling $115 million, encompassing digital currencies and non-fungible tokens (NFTs), which currently remain under the control of DeFiance Capital. Additionally, there are 69 SAFE (simple agreement for future equity)/SAFT (simple agreement for future tokens) agreements linked to 3AC. Although Teneo places the collective worth of these assets at roughly $141 million, DeFiance Capital’s estimation is more conservative, pegging it at around $120 million.Beyond asset ownership, jurisdiction has become a pivotal point of contention in the legal discourse. DeFiance Capital has steadfastly advocated for legal proceedings to take place in Singapore, where it operates, as opposed to the British Virgin Islands. The recent ruling from the High Court of Singapore lends support to this stance, challenging Teneo’s argument.DeFiance articulated its position, asserting: “Our position was that all the important witnesses and documents are in Singapore and the dispute ought to be heard by the Singapore Courts to ensure all relevant evidence would be available.”With the court’s decision aligning with DeFiance’s jurisdictional preference, the firm hopes that this development will pave the way for more substantive engagement between the parties, rather than being embroiled in procedural wrangling. The firm believes that this will allow the focus to shift towards addressing the core issues at hand.Business riftThe genesis of this legal saga dates back to 2020 when DeFiance was established as part of the 3AC group, operating autonomously under the stewardship of its founder, Arthur Cheong. The rift escalated in February 2022, when Cheong declined 3AC’s proposal to relocate to Dubai, eventually leading to the formation of two Singapore-based firms in May of that year.Furthermore, in the same month, DeFiance extended a loan of $35 million worth of USDC to 3AC, effectively becoming a creditor. Complications arose when 3AC’s founders transferred legal rights related to DeFiance Capital, a transaction that remained incomplete as 3AC filed for bankruptcy.In light of the ongoing dispute, 3AC asserted that DeFiance’s assets should be harnessed to settle its debts. However, DeFiance firmly stood its ground, upholding its ownership claims over the assets.With liquidators advocating for resolution in the British Virgin Islands — a move that DeFiance rejected due to its Singaporean management ties with 3AC — the stage was set for the legal clash that has now taken a notable turn with this recent court ruling.

Thailand’s Securities and Exchange Commission (SEC), the Southeast Asian nation’s securities regulator, is believed to be considering moving towards approving spot Bitcoin exchange-traded fund (ETF) products.  In an interview with Bloomberg, the Thai SEC’s Secretary-General, Pornanong Budsaratragoon, said that the agency is weighing up whether to allow individual investors and institutions to access spot Bitcoin ETFs. Budsaratragoon stated: “We have to adapt and ensure that our investors have more options in crypto assets with proper protection.”Photo by Photo By: Kaboompics.com on PexelsMoving along with global crypto adoptionJanuary 10 marked the first anniversary of the approval of spot Bitcoin ETFs in the United States. Given that the U.S. is home to the world’s largest capital markets, that decision has had an impact internationally. That reality is borne out by one of Budsaratragoon’s comments. She stated: “Like it or not, we have to move along with more adoption of cryptocurrencies worldwide.” While the SEC Secretary-General’s comment suggests that she feels a compulsion to move forward in line with developments elsewhere, that wasn’t the agency’s position in January 2024 following spot Bitcoin ETF approval in the U.S.  Shortly afterwards, the regulator, alongside its regional counterpart in Singapore, outlined that it had no plans to approve the product in Thailand, stating: "The SEC has been following these developments closely but we do not have a policy to allow spot Bitcoin ETFs to be established in Thailand for the time being.” Initial access to overseas productsIn March of last year, the agency had warmed to the Bitcoin ETF product offering to a greater extent, by approving access to such products listed overseas to high-net-worth individuals and institutions. Off the back of that approval, One Asset Management (ONEAM) launched a fund of funds in June 2024, enabling Thai investors to gain exposure to Bitcoin ETFs which had been publicly listed overseas. Back in October, Nirun Fuwattananukul, CEO of Binance Thailand, stated in an opinion piece published by the Bangkok Post that he felt that the Thai crypto market was moving from retail towards a focus on the institutions. He stated:“By allowing more institutional funds to participate, the SEC is enabling a diverse range of investment strategies and helping digital assets gain broader acceptance in the mainstream.” Fuwattananukul suggested that the local regulator had made some changes on Oct. 9, paving the way for institutional-grade mutual and private funds to invest in crypto products. The approval of locally listed Bitcoin ETF products would broaden investor access to digital assets in Thailand, particularly in relation to institutional investors, which is in line with the thinking of the Binance executive. Earlier this month, Thailand’s Deputy Prime Minister, Pichai Chunhavajira, announced that a pilot program was being launched to help foreign tourists pay for goods and services using crypto within the Thai resort city of Phuket.  Meanwhile, former Thai Prime Minister Thaksin Shinawatra expressed a bullish view on crypto in a speech he made in Bangkok last week. Shinawatra called on the country’s institutions to be more open to cryptocurrency, while citing regulatory developments in the U.S. relative to the emerging asset class.

Taiwan's cryptocurrency scene has been rattled by the arrest of David Pan, the founder of ACE Exchange, a prominent cryptocurrency platform.Photo by Timo Volz on PexelsAccording to local media outlet Liberty Times, this development is part of a broader operation targeting fraudulent activities involving 13 additional suspects. Law enforcement authorities, as of now, have confiscated assets totaling around NT$200 million ($6.4 million), dealing a significant blow to the alleged fraudulent operations. A sophisticated fraud schemeThe arrest of Pan, alongside company executive Lin Nan, stems from accusations of a sophisticated fraud scheme orchestrated by the duo, along with their team. The modus operandi involved deceptive tactics, including the use of fake advertisements on popular social media platforms like Instagram and Facebook. Over the past three years, more than 100 investors have reportedly fallen victim to the scheme, losing over one billion yuan ($140 million). Lin Nan, leveraging social media, enticed potential investors with promises of quick wealth through the listing of virtual currencies on well-known exchanges. Simultaneously, David Pan lent credibility to ACE Exchange, fostering trust in the virtual currencies listed on the platform. However, investors soon discovered that the virtual currencies touted as having realizable value were, in reality, "junk coins" with plummeting values or no circulation options. Ace Exchange office raidLegal charges filed against the suspects include fraud under the Criminal Code, the Money Laundering Prevention Act and the Banking Act. Law enforcement agencies in Taiwan conducted multiple raids, including at ACE Exchange offices. Lin Nan's residence yielded NT$111.52 million ($3.6 million) in cash, with additional cryptocurrency seizures bringing the total to over NT$200 million ($6.4 million). In response to the scandal, ACE Exchange has distanced itself, asserting that the arrested individuals are not current employees. The company clarified that Pan had ceased active involvement in daily operations as of 2022. ACE Exchange is actively cooperating with the investigation and has positioned itself as a witness in the case. MOCT delistingDespite the ongoing investigation, ACE Exchange, founded in 2018 and a dominant player in Taiwan's crypto market, continues to operate, upholding regulatory obligations and prioritizing user interests. However, the incident has prompted the platform to announce the delisting of the MOCT-TWD trading pair, effective Jan. 8, in alignment with its commitment to regularly evaluate and delist tokens not meeting stringent criteria. This development occurs amid heightened scrutiny of cryptocurrency exchanges globally. CoinDCX, a major crypto investment firm, recently faced allegations of bank and crypto fraud on its mobile application. Similarly, Lee Jeong-hoon, former chairman of Bithumb, South Korea's major crypto exchange, received an eight-year prison sentence over alleged fraud, awaiting an impending appeal verdict. Taiwan, like Hong Kong, had also been dealing with the fallout from the fraudulent activity of Dubai-headquartered crypto exchange JPEX. David Pan is also the founder of the Dubai-based ZORIXchange cryptocurrency platform. Prior to crypto ventures, Pan worked for KPMG in Taiwan as its COO for startups and innovation. These cases underscore the critical need for comprehensive regulation of the crypto ecosystem. As digital assets gain popularity, the risks of fraudulent activities rise, necessitating collaboration between governments and regulatory bodies to establish and enforce stringent regulations that protect investors and uphold the integrity of virtual crypto exchanges.