Four Pillars for Success in Korean Security Token Market

Korea considers legal recognition of virtual assets as trust assets for investor protectionSouth Korea’s Ministry of Justice (MOJ) is assessing whether customers’ virtual assets on cryptocurrency exchanges should be legally recognized as trust assets. This classification would give users priority in claiming their virtual assets in case of an exchange’s bankruptcy, thus strengthening investor protection. There’s a noted concern about potential disputes in such bankruptcy situations, as users’ digital assets are typically considered to be in the custody or storage of these platforms.Photo by Daniel Bernard on UnsplashLegal study by Seoul National UniversityAccording to a Tuesday report by local news outlet ChosunBiz, citing industry and legal sources, the MOJ has initiated a legal study on this subject. The research is being conducted by the Seoul National University R&DB Foundation, which started the project earlier this month.Through this study, the MOJ is expected to examine the legal classification of cryptocurrency as property. This review is significant because, for cryptocurrencies to be held in a trust, they must be legally recognized as property. Meanwhile, the upcoming Virtual Asset User Protection Act, set to come into effect next July, mandates that only cash deposits made by users be segregated from the assets of the exchange itself.In Korea, under the current provisions of the Capital Markets Act, virtual assets are not recognized as being held in a trust. Instead, staked cryptocurrencies are seen as being under custodial management or storage. In such arrangements, only a debtor-creditor relationship concerning virtual assets is acknowledged, differing from the legal framework of a trust.Prioritization of rightsIf a cryptocurrency exchange becomes insolvent and enters liquidation, the current legal framework could end up prioritizing the rights of the exchange’s creditors or shareholders over those of the crypto investors. This situation has faced criticism for its inadequate protection of investors. However, if the crypto assets were considered to be held in trusts, it would enable users to acquire “rights to foreclose outside bankruptcy.” This means users would have the right to receive priority reimbursement for their crypto assets, offering them a higher level of protection in the event of an exchange’s bankruptcy.Regarding this development, an official from the MOJ said that while the study is a fundamental legal review focused on exploring ways to protect users through the application of trusts for various cryptocurrency transactions, including those involving decentralized finance (DeFi), it is too early to provide specific details at this stage.

Animoca Brands Japan, a key subsidiary of Hong Kong-headquartered Web3 investor Animoca Brands, has welcomed Kensuke Amo as its Chief Operating Officer (COO) to spearhead the company's growth in Japan. Industry credentialsAmo, a seasoned industry veteran who previously served as the managing executive officer at Japanese bitcoin wallet and exchange service Coincheck, officially assumed his role as COO last Thursday. With a proven track record in launching NFT businesses and steering new crypto asset ventures, Amo played a pivotal role at Coincheck. During his tenure as an executive officer from 2020, he pioneered initiatives such as Japan's first NFT marketplace for crypto asset exchanges and an inaugural initial exchange offering (IEO). In a social media post, Amo stated that in the role, he “will be committed to doing [his] best to contribute [to] Web3 technology [so that it takes] root in society.” In 2022, Amo ascended to the leadership position at Coincheck, where he led the NFT business and metaverse business, heading three distinct web domains. His involvement in the expansion of "The Sandbox" and "Otherside" in Japan, stemming from the partnership between Coincheck and Animoca Brands in 2020, further underscores his influence in the sector.Photo by Richard Tao on UnsplashJapanese market expansionRegulatory headwinds in the United States in 2023 led to the company pivoting and focusing on non-U.S. markets. It became clear later in 2023 that the company had a specific interest in growing its business in Japan when Animoca Brands Japan acquired an equity share in Cool Cats Group, an NFT-related project. That deal also implicated a collaboration with Animoca’s digital experience label, KLKTN. As Animoca Brands Japan strategically aligns itself within Animoca Brands' larger framework, Kensuke Amo aims to leverage the company's extensive assets and network, including over 400 portfolio companies. His mission involves combining his expertise in business and rule-making within the Japanese Web3 industry to facilitate the integration of Web3 into society. Commenting further on his appointment, Amo expressed his commitment to advancing the Web3 landscape in Japan. He stated: “As a strategic subsidiary of Animoca Brands, Animoca Brands Japan will make the most of its assets and network, including its more than 400 portfolio companies, while combining its knowledge and experience in business and rule-making in the Japanese Web3 industry.” Established in 2021, Animoca Brands Japan has played a crucial role in supporting Japanese intellectual property and content holders in their global Web3 expansion efforts. The company secured an undisclosed investment from Mitsui & Co., one of Japan’s largest trading companies, in June. Daisuke Iwase, the CEO of Animoca Brands Japan, expressed optimism about the collaboration with Kensuke Amo, emphasizing his leadership in the realms of crypto assets, NFTs and the metaverse in Japan. Amo’s industry involvement extends beyond Animoca Brands Japan, as he currently advises the Japan Cryptoasset Business Association (JCBA), Shibuya-ku Startup Ecosystem, Web3 project "OASIS" and real estate information service company LIFULL Co., Ltd. Additionally, he is the author of "Textbook of NFT" and "Non Fungible Me." 

Internet-only Kbank offers virtual accounts for fractional art investorsKbank, a neobank based in South Korea, announced on Tuesday (local time) a new service for its customers interested in art investment. According to a report by local news outlet Newsis, Kbank has introduced virtual accounts for clients investing in securities that allow fractional ownership of artworks. These virtual account numbers will mirror the mobile phone numbers of securities subscribers, making them easy to remember and use. Subscribers will utilize these accounts to deposit funds for placing bids on fractional shares of art pieces.Photo by Precondo CA on UnsplashYayoi Kusama’s pumpkinThis unique bidding event, a first in the nation, is scheduled to run until Dec. 22. It will feature “Pumpkin,” a 2001 artwork by renowned Japanese contemporary artist Yayoi Kusama. Artnguide, a platform operated by Yeolmae Company, is managing the event. Yeolmae Company has secured regulatory approval to issue security tokens backed by the artwork.Total of 12,320 sharesThe event offers a total of 12,320 shares, with each share having a par value of KRW 100,000, which is approximately $77. An individual participant in this event is allowed to place bids for a maximum of 300 shares.In the Korean crypto market, Kbank is well-known for providing banking services to Upbit, the nation’s largest fiat-to-crypto exchange. In Korea, legal regulations mandate that any virtual asset service provider offering trading in Korean won must secure bank accounts from a local bank.Kbank’s recent initiative highlights the internet-only bank’s active engagement in the blockchain industry. Presently, Kbank provides its virtual account services to 16 companies, and it is focused on expanding its partnership base. Looking ahead, the bank plans to diversify its financial offerings, exploring innovative approaches like security token offerings to broaden its services in the evolving financial landscape.