Hong Kong and the UAE Collaborate on Crypto Regulation

Terraform Labs fails to halt class action lawsuitThe High Court in Singapore has dismissed an appeal filed by Terraform Labs and its co-founders, marking a significant step forward for the plaintiffs behind a class action initiated against the company.That’s according to a report published by Singaporean publication, the Business Times, on Thursday. The legal development follows the collapse of TerraUSD (UST) tokens in May of 2022, resulting in the loss of billions of dollars in market value. The collapse, in turn, has led to several lawsuits against Terraform, its founders and affiliated entities, with those court actions playing out in courtrooms in Singapore, South Korea, Montenegro and the United States.Photo by Wesley Tingey on UnsplashFraudulent misrepresentation allegedThe class-action suit, initiated in September 2022 by Julian Moreno Beltran and Douglas Gan on behalf of 375 others, alleges fraudulent misrepresentation by Terraform, Co-Founders Do Kwon and Nikolaos Alexandros Platias and the Luna Foundation Guard (LFG). The claimants argue that these misrepresentations induced them to purchase UST, stake the tokens and retain them as their value plummeted.UST had been designed to be pegged to the U.S. dollar with a 1:1 ratio. However, flaws in the tokenomics behind that digital asset meant that it faced a loss of confidence in May 2022, trading at around $0.05 when the court’s decision was released. The claimants collectively suffered losses of nearly $57 million.Terms of use cited in attempt to dismissTerraform attempted to have the lawsuit dismissed by invoking an arbitration clause in its website’s terms of use, asserting that users had waived their rights to a jury trial or participation in a class action. However, the Assistant Registrar (AR) rejected this application, stating that the defendants failed to establish an arbitration agreement.The AR highlighted that the terms of use were inconspicuous on the website, and there was insufficient effort to draw users’ attention to those clauses. Terraform, Kwon and associated entities appealed this decision, which was heard by Justice Hri Kumar Nair on Sept. 25.Despite establishing a prima facie case for an arbitration agreement, the court ruled that Terraform’s participation in the legal proceedings, including filing a defense and counterclaim, meant it could no longer seek a stay in favor of arbitration.Multiple actionsIt’s a busy time for all stakeholders relative to the Terraform collapse. Playing out within the same timeframe is a lawsuit in the United States taken by the Securities and Exchange Commission (SEC) against Terraform and Do Kwon, where the SEC claims that crypto asset securities fraud has been carried out.The latest installments in that saga in recent weeks have seen both parties file to seek summary judgment. Last week, a court in New York approved the confidential treatment of specific documentation which had been produced by Jump Crypto, a division of proprietary trading firm Jump Trading.There are also criminal actions underway. In a South Korean court in October, Terraform Labs Co-Founder Daniel Shin denied wrongdoing in the Terra/Luna collapse. Meanwhile, a court in Montenegro has approved the extradition of Do Kwon, with a final decision to be made shortly as regards whether he should be extradited to the United States or South Korea.

BlackRock Investment Marks its Return to IndiaBlackRock, the world’s largest money manager with $9.4 trillion in assets under management, has made a significant move by joining forces with the financial services arm of Indian tycoon Mukesh Ambani.This strategic partnership aims to tap into India’s rapidly growing asset management market and marks BlackRock’s return to the country following a six-year absence.The collaboration between BlackRock and Jio Financial Services, a company built by Reliance Industries Limited, will establish a 50–50 joint venture called Jio BlackRock. BlackRock announced the collaboration via a statement published to its website on Wednesday.Photo by Naveed Ahmed on Unsplash$300 million investmentBoth companies plan to invest up to $150 million each in this venture. Larry Fink, BlackRock’s Chairman and CEO, articulated his satisfaction regarding the partnership in a LinkedIn post, emphasizing the significance of expanding BlackRock’s presence in India.Mukesh Ambani, the Founder and Chairman of Reliance Industries, is India’s richest man with a net worth believed to be in the region of $90.6 billion. The conglomerate is the country’s largest listed company by market share. Collaborating with BlackRock will likely strengthen its position in the financial services sector.The joint venture aims to leverage BlackRock’s expertise in investment and risk management, combined with Jio Financial Services’ technological capabilities and deep market knowledge. The objective will be to provide “tech-enabled access to affordable, innovative investment solutions” for Indian investors. With rising affluence, favorable demographics, and the ongoing digital transformation across industries in India, the market is undergoing a significant shift.Potential implications for cryptoThis move comes shortly after Jio Financial Services was spun off from its parent company, Reliance Industries. The digital-first service is focused on delivering innovative investment solutions to cater to the growing needs of Indian investors.While there’s absolutely no mention of crypto relative to this announcement, it may still have implications for crypto in India. BlackRock has progressed from taking a dim view of Bitcoin and crypto to now turning towards this new asset class. It recently filed an application to launch a bitcoin exchange-traded fund (ETF) in the United States. That move is considered highly significant by most market commentators.Given that Jio Financial takes a digital-first approach and that the idea of the partnership is to bring the latest financial products to retail customers in India, there’s potential for this new entity to bring digital asset-related products to that market.Indian market re-entryBlackRock’s re-entry into India’s asset management industry is not the first attempt by the US investment management firm. In 2018, BlackRock exited the Indian market by selling its 40% stake in an asset management venture to partner DSP Group, but the company recognizes the enormous potential that India presents.Over the past five years, assets under management of Indian mutual funds have doubled, reaching 44.39 trillion rupees ($542 billion) by June this year. The exponential growth in this sector highlights the immense opportunities India offers to global asset managers like BlackRock.While the launch of the joint venture is subject to closing conditions and regulatory approvals, the collaboration between BlackRock and Jio Financial Services appears to be poised to unlock the power of investing for millions of people in India.

Dubai Regulator Issues Reprimand to OPNX FoundersThe Virtual Assets Regulatory Authority (VARA), the regulator that concerns itself with the digital assets market in the Emirate of Dubai, has formally reprimanded the founders of digital asset exchange OPNX.Photo by Kai Pilger on UnsplashVARA issued an investor and marketplace alert on April 12 to inform investors that OPNX was not a licensed entity regulated by VARA and with that, it urged investors to be cautious. The regulator has now gone one further, this time formally writing to OPNX’s founders to reprimand them.The statement cites the following rationale for the issuance of the reprimand:”Carrying out VA (Virtual Asset) Exchange Services on an unregulated basis in and from the Emirate of Dubai; and Marketing, promoting and/or advertising OPNX services and its native token [FLEX] without the necessary permits from VARA.”Contextual backgroundThe statement goes on to provide the context for the regulator’s most recent action. VARA became aware of OPNX soliciting the public to use the exchange in February of this year. It noted that the business was actively marketing through various social media channels “without establishing warranted restrictions for residents of Dubai/UAE.” VARA went on to explain that OPNX commenced trading in April without having secured a regulatory license despite the activity warranting such a license.Cease and desistOn February 27, VARA issued OPNX with a cease and desist order, relative to the foundation of the business and the marketing and promotion of services. Thereafter, the exchange applied certain restrictions but the regulator deemed the measures to not have been applied comprehensively across all OPNX communication channels, prompting it to issue a further cease and desist order the following month.The investor and marketplace alert followed in April as OPNX proceeded to launch its exchange. The written reprimand was then issued on April 18, “to address historical and ongoing activity conducted on an unregulated basis.” The recipients included the OPNX founders, (Mark Lamb, Sudhu Arumugam, Kyle Davies and Su Zhu) and the firm’s CEO Leslie Lamb.Given what the regulator deems to have been “a continued lack of satisfactory remedial action [taken] by the responsible parties,” it is continuing to actively monitor the situation. VARA stated that it will further investigate OPNX’s activity to assess further corrective measures that may be required to protect the market.Lack of industry supportThe digital assets industry is in no way enamored with founders Davies and Zhu. Their record has been badly blemished by the unceremonious collapse of their crypto hedge fund, Three Arrows Capital, in 2022. That failure wreaked major damage on the overarching crypto space, directly leading to the failure of other crypto businesses later that year.Prominent crypto venture capitalist Michael Arrington said of their capital raise for OPNX that it was “the saddest bulls**t I’ve heard in a long time.” It later transpired that two of the investment firms that OPNX suggested were backing the start-up refuted the claim.In response to this latest development, OPNX’s CEO Leslie Lamb told Blockworks that the business was initially launched in Hong Kong. “To confirm, we have no Dubai or UAE customers and do full KYC on all users,” she stated.