Top

Singapore Judge Says Crypto Not Money

Policy & Regulation·April 20, 2023, 5:29 AM

In recent years, legal processes in various jurisdictions worldwide have seen judges comment on whether cryptocurrency is actually money. The latest such determination has been made by Justice Vinodh Coomaraswamy who outlined in a Singapore court that while being a component of financial transactions, cryptocurrencies are not money.

The consideration emerged in a recent court hearing at Singapore’s High Court in a case involving the Algorand Foundation and failed Singapore-based hedge fund, Three Arrows Capital (3AC). Justice Coomaraswamy’s comments arose due to a discussion in the midst of the court proceedings involving the Judge and counsel representing the Algorand Foundation.

judge firming a document in the court
©Pexels/EKATERINA BOLOVTSOVA

 

Seashells as money

In setting out his rationale for the need for 3AC to be wound up, Daniel Chan, a lawyer for the WongPartnership law firm that was representing the Algorand Foundation in the proceedings, told the judge that despite foreign currencies not being recognized as legal tender in Singapore, or used broadly as a medium of exchange within the city state, those foreign currencies are recognized by Singapore law as money. Using that analogy Chan suggested that by implication, the same scenario should be considered where cryptocurrencies are concerned.

The judge provided a counterpoint: “What if you had a [community] in the world that used seashells as its internal medium of exchange? Would the Singapore courts have to recognize that as money.” Chan claimed that the judge had used an extreme example although Coomaraswamy remained steadfast in his view, pointing out that seashells had indeed been used as a form of money in the distant past.

Coomaraswamy proceeded to dismiss the Algorand Foundation’s winding up application. He acknowledged that the Foundation did have standing in bringing the application. However, as he determined that cryptocurrency couldn’t be classed as money, on that basis he dismissed the application. In conveying his decision, he stated: “The word indebtedness, in my view, must require a debt which is in fiat currency. Determining whether or not a particular intangible, such as cryptocurrency, is money would require a detailed examination of evidence which is not appropriate in the context of insolvency.”

 

Legal tender

Thus far, bitcoin has been recognized as legal tender in two countries — El Salvador and the Central African Republic. In 2020, a French court referred to the leading cryptocurrency as money, agreeing that Bitcoin loans can be recognized as customer loans in the same way as loans denominated in fiat currencies. Earlier that year, an Australian court recognized bitcoin as a legally legitimate form of investment. In the United States, a Federal court recognized bitcoin as “money” or “funds” in a prosecution taken against Silk Road website operator Ross Ulbricht.

There have been many similar instances in courts globally where judges have had to grapple with the consideration of whether bitcoin and crypto more generally can be regarded as money. Similar to the difficulty authorities are having in regulating cryptocurrency, it’s an issue that in most cases lacks complete clarity and in which we can expect further discussions on, similar to this most recent consideration in the Singaporean high court.

More to Read
View All
Web3 & Enterprise·

Dec 23, 2024

IOTA co-founder meets with Philippine Secretary of Trade to further adoption

Dominik Schiener, the co-founder of distributed ledger technology (DLT) project IOTA, outlined on X on Dec. 12 that he had met with Cristina Aldeguer-Roque, Secretary of Trade of the Philippines. Commenting further, Schiener wrote: “We are looking forward to expand IOTA and our trade infrastructure TWIN across South East Asia in 2025.” Photo by iSawRed on UnsplashCutting through trade barriersTWIN refers to IOTA’s Trade Worldwide Information Network, a continuation of another longstanding IOTA project, the Trade and Logistics Information Pipeline (TLIP). The objective of TWIN is to cut through trade barriers and improve connections between disparate national trading systems. In rolling out the network, IOTA has formed a consortium which includes organizations such as TradeMark Africa, the Global Alliance for Trade Facilitation and the Chartered Institute of Export & International Trade. TWIN seeks to optimize trade processes by merging physical goods with digital infrastructure, eliminating inefficiencies and boosting transparency. Schiener anticipates that once participants place data on the network, they will ultimately tokenize assets on it. In turn, this will result in utility for the IOTA token, once TWIN is released on the IOTA mainnet. The TWIN project is currently staffed by 28 people but Schiener believes that this will grow to 100 people over the course of the next two years. The project originally emerged in Germany, with the IOTA Foundation having its headquarters in Berlin. Initially, IOTA concerned itself with European blockchain initiatives in trying to find its place in the industry. Earlier this year, its Web3 identity authentication solution was chosen by the European Commission for inclusion within the European Blockchain Sandbox Initiative (EBSI). In August, the IOTA Foundation completed the final stage of the European Union’s blockchain pre-commercial procurement (PCP) program. Strategic expansionHowever, over the course of the past year, the project has expanded towards searching for product market fit within emerging markets. In November 2023, the project established the IOTA Ecosystem DLT Foundation within the Abu Dhabi Global Market (ADGM) financial center in the United Arab Emirates (UAE). This marked the first DLT foundation to have established itself within the ADGM.  $100 million in funding was provided with the objective of nurturing the IOTA ecosystem and accelerating the growth of the IOTA protocol. Since then, the TON Foundation and the Aptos Foundation have moved to register under the ADGM’s DLT Foundations framework. East Africa has been ground zero for IOTA’s attempts to enhance cross-border processes related to trade documentation, where it has been working with TradeMark Africa and local regulators. In Singapore, the IOTA Foundation has collaborated with global innovation ecosystem Tenity to establish the IOTA Accelerator, a 12-week initiative aimed at assisting early-stage startups concerned with real-world asset (RWA) tokenization within the IOTA ecosystem. Schiener’s meeting in the Philippines would suggest that the project is making greater efforts still in terms of bringing about the adoption of the technology in Southeast Asia. In his X post, Schiener wrote: “Let's connect the world with sovereign digital infrastructure.”

news
Web3 & Enterprise·

Aug 31, 2024

Stables Money partners with Coins.ph to use PHPC for cross-border remittances

Stables Money, an Australian platform that claims to be on a mission “to make stablecoins usable for everyday use,” has partnered with Philippines-based digital assets platform Coins.ph to use the latter’s peso-pegged stablecoin (PHPC) for remittances. Peso-denominated stablecoinIn a press release published to the Coins.ph website on Aug. 28, the firm laid out details of the deal. PHPC is a retail stablecoin which is backed by Philippine peso-denominated cash reserves and pegged to the peso on a 1:1 basis. The stablecoin was launched by Coins.ph in July.  It’s an ERC-20 token which runs on the Ethereum virtual machine (EVM)-compatible Ronin blockchain network. The stablecoin was accepted into the Bangko Sentral ng Pilipinas’ regulatory sandbox in May.Photo by Aeron Oracion on Unsplash$35 billion in remittancesThe Philippines has always been seen as a lucrative remittance market due to the high number of Filipinos who work outside of the country, sending funds home to family on a regular basis. In 2020, remittances back to the Philippines from overseas were just shy of $35 billion, according to data from the World Bank. It appears that Australia’s Stables Money has identified this opportunity, with the company entering the Philippine market back in March. The Philippine peso already accounts for over 25% of all outward transactions sent via the platform. Stables Money CEO Bernardo Bilotta spoke to the opportunity that the company is trying to exploit. He stated: "Recognizing the Philippines as a key player in global remittances, we expanded to deliver smooth PHP transactions. With 28.44% of our send transactions now in PHP, this move highlights our commitment to making cross-border payments hassle-free for those sending money to the Philippines.” Coins.ph has the intention of engaging in further industry partnerships in an effort to expand the reach of PHPC. That will mean additional collaborations with crypto exchanges, digital asset wallet providers and those financial institutions who are increasingly delving into the world of stablecoins. Commenting on this latest development, Wei Zhou, Coins.ph CEO, stated:”We’re encouraged to see growing adoption of PHPC among our user base. Our partnerships with Stables and Ronin underscore the vast potential of PHPC in cross-border transactions, trading and other financial activities.” Stables has also made efforts to expand through the use of Circle’s USDC stablecoin. Last month, it partnered with global payments card platform Mastercard in a collaboration which facilitates Stables users in purchasing goods using USDC at locations across 27 European countries where Mastercard is accepted. The firm’s partnership with Mastercard dates back to March 2023 when it entered into a similar collaboration relative to the Asia-Pacific region. Previous peso-based stablecoin projectsCoins.ph is not the first entity to try and drive adoption of a Philippine peso-based stablecoin. The Southeast Asian country’s UnionBank launched a similar product back in 2019. However, the product failed to find product-market fit and ultimately, it was withdrawn from the market. The company tried once again in 2022, attempting to launch a similar product through its digital bank subsidiary UnionDigital, in an effort that seems to have failed. More recently still, UnionBank subsidiary company UBX launched a peso-based stablecoin on Polygon back in March.

news
Markets·

Apr 29, 2026

Korea’s crypto sector moves ahead as investors stay on edge

A recent survey of South Korean crypto investors showed a modest shift toward a more positive short-term view on Bitcoin, although market data since the poll was released has yet to strongly support that outlook. The regular survey, conducted last week by CoinNess and Cratos, found that 44.8% of Korean respondents expected Bitcoin to rise or surge this week, up from 35.2% in the previous survey.Photo by Jievani Weerasinghe on UnsplashThe share of respondents expecting Bitcoin to move sideways fell to 28.3% from 33%, while those forecasting a decline or sharp drop decreased to 26.9% from 31.8%. The figures indicate that bullish responses increased from the previous week, while neutral and bearish responses declined. However, with several days having passed since the survey was released, Bitcoin’s price action has so far offered a more cautious picture. At the time of writing, Bitcoin was trading at $77,085.07, down 1.14% from a week earlier, according to CoinMarketCap. The survey also showed that investors remain wary of the broader market environment. Asked how recent macroeconomic uncertainty and market volatility had affected the difficulty of crypto investing, 40.5% said it became “much more difficult,” and 35.3% said it became “somewhat more difficult.” That means roughly three-quarters of respondents said crypto investing has become harder than before. Another 16.6% said conditions were little changed, while 7.6% said investing became easier. GIWA Chain targets cross-border financeWhile retail investors appear cautious about the near-term market backdrop, major Korean firms are continuing to push ahead with blockchain projects tied to cross-border finance. Dunamu, the operator of Upbit, South Korea’s largest crypto exchange, said it has signed a memorandum of understanding (MOU) with Hana Financial Group and POSCO International to develop services for overseas remittances, payments, and corporate treasury management. The project brings together Dunamu’s layer-2 blockchain, GIWA Chain, Hana Financial Group’s foreign exchange network, and POSCO International’s global supply-chain platform. The companies said the collaboration will focus on faster international transfers, more efficient corporate fund management, and new digital finance services. The firms also plan to test whether some processes currently handled through the SWIFT network can be moved onto GIWA Chain. Coinone sanctions put on hold by courtOn the regulatory front, a court has temporarily halted enforcement of sanctions against crypto exchange Coinone, after the Korea Financial Intelligence Unit (FIU) ordered a fine and partial business restrictions over alleged anti-money laundering (AML) violations. The measures had been set to take effect on April 29. According to the Maeil Business Newspaper, the court said the stay would remain in effect until May 29 while it considers Coinone’s request to suspend the sanctions. It stressed that the decision was provisional and did not constitute a final ruling on the request. Earlier this month, the FIU, South Korea’s financial intelligence agency under the Financial Services Commission (FSC), imposed a KRW 5.2 billion ($3.52 million) administrative fine on Coinone for alleged violations of the country’s financial transactions law. The regulator also ordered a three-month restriction on virtual asset transfers for new customers, covering both deposits and withdrawals. 

news
Loading