FTX Opts Out of Plan to Sell off FTX Japan

Hong Kong Deems Crypto as PropertyIn dealing with a case involving defunct Hong Kong-based cryptocurrency exchange Gatecoin, a Hong Kong judge has determined cryptocurrency as being property “capable of being held in trust.” Presiding over the case, Justice Linda Chan stated recently that Hong Kong takes a broad definition of what constitutes property.©Pexels/mitbg000Digital assets held in trustHaving expended efforts to try and recover funds from a former payments service provider that the company had partnered with, Gatecoin announced that it would shut down the business and commence the liquidation of the business in 2019. With bankruptcy proceedings being notoriously slow, that process continues today, resulting in Justice Chan’s recent determination.The notion of property held in trust is a common theme that has been explored in a number of cryptocurrency business bankruptcy processes recently, including the BlockFi, Celsius and FTX processes.Gatecoin has not proven to be any different in this regard. Liquidators had turned to the Hong Kong courts for direction as to how creditors’ digital assets, as held on the platform, should be defined. If property is deemed to have been held “in trust”, then that determination has implications for the owner of those assets relative to the bankruptcy proceedings.In the case of BlockFi, a determination was made in a US court that those who had simply custodied digital assets with the platform without earning any yield were property owners and that they should have their assets returned.The importance of Terms of Service (ToS)Alex Mashinsky, the founder and CEO of failed crypto lending competitor Celsius outlined to service users on a number of occasions that the assets remained their property even though his company used customer assets for various trading activities. The bankruptcy judge reached a different determination based on the terms of service. Service users had acknowledged in signing off on Celsius’ terms of service that assets held on the platform that accessed yield-bearing products became the property of Celsius when deposited within those products on the Celsius platform.Although it has not been dealt with yet, 1.4 million creditors relative to the bankruptcy process of failed cryptocurrency exchange FTX are likely to discover later this year if they can claim “in trust” property rights. An ad hoc group of creditors has taken legal action for the return of their digital assets on the basis of an assertion that the assets remained their property when transferred onto the platform.ImplicationsWhilst a seemingly uninteresting determination to anyone less informed about such bankruptcy proceedings, such decisions can have profound consequences. In a bankruptcy process, there is a hierarchy of creditors, with some having greater rights than others when it comes to the distribution of bankruptcy estate funds. Recognition of assets being held in trust as property would likely take those property owners out of the bankruptcy process, allowing the return of their funds (where available) while others who are classified as creditors get a distribution of whatever funds are left in the bankruptcy estate thereafter.Additional complexityGatecoin’s case was further complicated by the existence of various sets of terms of service. In two of the three instances, the court found that no trust language existed. There is one subset of creditors who may have the ability to claim their digital assets as property. The liquidators have agreed to identify them and contact them in that regard.While the process may be proving to be a minefield for Gatecoin’s creditors, it has served a broader purpose in crypto more generally as it has provided yet another opportunity for another jurisdiction, in this instance Hong Kong, to provide some more clarity with regard to the legal status and standing of cryptocurrency.

Korean Financial Authority Grants This Year’s First VASP Approval to Infinite BlockThe Financial Intelligence Unit (FIU), a division operating under the South Korean Financial Services Commission (FSC), has recently granted approval to Infinite Block, a blockchain fintech company, to function as a virtual asset service provider (VASP), as reported by the local news outlet Business Watch.37 registered VASPs in KoreaInfinite Block is the first entity to secure such approval from the national financial regulatory authority this year. This development takes the roster of registered VASPs in Korea to a total of 37.When submitting its application in May, Infinite Block declared that its business is tailored for transferring, storing, and managing virtual assets. Its core operational domain centers around virtual asset custody services.Custodian service for institutional investorsFounded last year by Jung Gu-tae, who previously served as a banker at NongHyup Bank and held a C-level position at digital asset custodian Cardo, Infinite Block leverages his extensive experience in banking and virtual assets. Building on this industry insight, Infinite Block is about to introduce Karbon Custody, a specialized service targeting institutional investors.Furthermore, Infinite Block raised about 2 billion KRW ($1.5 million) last year from renowned financial institutions including Daegu Bank, SK Securities, and Infobank. However, the company did incur an operating loss exceeding 200 million KRW due to its nascent stage and the absence of revenue streams.This accomplishment of Infinite Block is noteworthy in light of the decline observed in new VASP filings. While 2021 saw approximately 30 companies applying for VASP approval, the numbers dwindled to merely two new applications last year, followed by only one so far this year.

Coinone, one of the leading cryptocurrency exchanges in South Korea, unveiled an infographic on Monday that captures the company’s decade-long history, according to local newspaper Busan Ilbo. Founded on Feb. 20, 2014, the exchange platform commemorates its 10th anniversary this year. As of Feb. 20 of this year, Coinone’s cumulative trading volume stands at KRW 452 trillion ($339.4 billion) with a total of 213 employees. The business significantly grew in size compared to 2015: its aggregate trading volume has increased by 645,000 times, while its user base and workforce have expanded by 944 and 25 times, respectively. Photo by m_____me on UnsplashVision for the future: Prioritizing investor protection and blockchain innovationCoinone is dedicated to continuing its pursuit of investor protection and blockchain innovation over the next 10 years. Since its establishment, Coinone operated its service without experiencing any security-related accidents. The company has proven its security capacity by winning the top prize at “the 22nd Information Protection Award.” The company further solidified its commitment to security by enrolling in “Personal Information Protection Reimbursement Insurance” in 2017 and has been renewing it annually. From the Wild West to the leading crypto exchange The exchange began to offer an Ethereum trading service in 2016 and a virtual asset staking service in 2018, suggesting a new way of investment back in the days when the market centered around trading.  Cha Myeong-hun, CEO of Coinone, said, “The cryptocurrency market was deemed the Wild West a decade ago. It fills me with pride to see how Coinone navigated the market and witnessed all the ups and downs of the crypto industry until it positioned itself as a well-established industry in Korea. In particular, 2024 marks the inaugural year of the Virtual Asset Act’s implementation. We are committed to leading a healthy virtual asset market by focusing more on investor protection and regulatory compliance.”