KuCoin affiliate applies for license in Hong Kong amid identity mix-up

Singapore-based Terraform Labs, the company behind the failed algorithmic stablecoin TerraUSD, has officially filed for Chapter 11 bankruptcy protection in the United States. It appears that the crypto space is not finished with dealing with the excesses and mismanagement that emerged at the end of the last market cycle. This move from Terraform comes in the wake of a $40 billion cryptocurrency crash and ongoing legal scrutiny, with the firm stating its intention to continue operations and support for the Terra community.Photo by Melinda Gimpel on UnsplashBusiness plan executionTerraform Labs was co-founded by Do Kwon, who is currently under investigation for its alleged wrongdoing relative to the failure of TerraUSD. The bankruptcy filing, submitted on Sunday to the Bankruptcy Court for the District of Delaware, aims to facilitate the company's business plan execution while navigating ongoing legal proceedings, including representative litigation in Singapore and the United States involving the Securities and Exchange Commission (SEC). In a statement, Chris Amani, CEO of Terraform Labs, commented on the decision, stating:"The Terra community and ecosystem have shown unprecedented resilience in the face of adversity, and this action is necessary to allow us to continue working toward our collective goals while resolving the legal challenges that remain outstanding." Amani reassured stakeholders that the decision ensures the company can maintain its commitment to working with the community on infrastructure, innovative tools, products and other ecosystem support. Amani became CEO of the company in July of last year, having been acting as Terraform’s COO prior to that. He acknowledged the challenges faced and expressed optimism about overcoming them, highlighting the resilience of the ecosystem after previous hurdles. Liabilities and assets in $100M to $500M rangeThe company emphasized that the Chapter 11 filing is designed to allow it to meet all financial obligations to employees and vendors without requiring additional financing. The estimated liabilities and assets fall within the range of $100 million to $500 million, as indicated in the filing. The SEC has initiated a civil trial against Terraform Labs and Do Kwon, accusing them of orchestrating a $40 billion cryptocurrency fraud through the TerraUSD algorithmic stablecoin and its sister token Luna. The SEC alleges that Terraform Labs and Kwon raised billions of dollars from investors through unregistered transactions, leading to the collapse of TerraUSD and Luna in May 2022. Both the SEC and Terraform have unsuccessfully filed for summary judgment in the case. Far-reaching consequencesThe crash had far-reaching consequences, impacting several crypto firms, including Singaporean crypto hedge fund Three Arrows Capital, Singaporean crypto lender Hodlnaut, Voyager Digital and Celsius Network. Do Kwon, a South Korean national, faces additional criminal charges in the United States related to fraud and market manipulation. His arrest in Montenegro in March 2023 and pending extradition requests from South Korea and the United States underscore the global legal challenges confronting him. The U.S. District Court for the Southern District of New York has scheduled the SEC trial against Terraform Labs and Kwon for late March, accommodating Kwon's extradition process. Meanwhile, in South Korea, Terraform Labs co-founder Daniel Shin has denied wrongdoing in the collapse as part of separate proceedings taken against him.  

Crypto.com Complies with UK FCA’s New Digital Asset RulesWhile some Asian crypto platforms are struggling to comply with the United Kingdom’s Financial Conduct Authority (FCA) regarding new marketing-related rules that took effect on October 8, Singapore’s Crypto.com has confirmed its successful compliance. The firm is registered as FORIS DAX UK LIMITED on the FCA website.Photo by Paul Fiedler on UnsplashContinuing support for UK customersAs a result, UK customers can continue to access Crypto.com’s products and services without disruption. The company emphasized its commitment to strengthening its platform and presence in the UK market. Crypto.com stated that it fully supports measures aimed at enhancing consumer safety and security in the cryptocurrency industry. The company also expressed its ongoing cooperation with UK and international regulators to foster consumer confidence in the crypto sector.Effective from October 8, the FCA’s updated guidelines mandate that all crypto firms marketing their services to UK consumers must register with the FCA and adhere to relevant standards concerning risk disclosures and marketing practices.Regulatory compliance challengesWhile Crypto.com has managed to remain compliant, that’s not the case for all large and well-known crypto platforms. The FCA recently expanded its scrutiny of digital currency exchanges by adding Huobi and KuCoin to its list of unapproved and unregistered firms.The FCA alerted clients to the fact that these service providers were offering various crypto services in the UK without obtaining regulatory approval. This development follows a recent warning from the FCA, which highlighted several other crypto-focused companies.Binance’s compliance difficulties2023 has seen global crypto platform Binance struggle with regulatory compliance in various markets worldwide. In some jurisdictions where it has either decided to withdraw from the market or been asked to leave, the firm has taken the approach of still maintaining exposure to that market by establishing a partnership with a locally registered firm.In the UK, Binance has partnered with Rebuildingsociety.com, a peer-to-peer lending platform. However, its local partner has fallen foul of the UK's FCA. On Tuesday, the UK regulator issued a notice clarifying that Rebuildingsociety.com was not authorized to “approve the content of any financial promotion for a Qualifying Cryptoasset for communication by an unauthorized person.”Dubai-headquartered crypto exchange Bybit is another crypto business that has struggled with the FCA's new regulatory requirements. Last month the exchange denied reports that it was preparing to leave the UK market due to the new strict marketing rules. The following week the exchange confirmed that it would be leaving the UK market, ahead of the introduction of the new crypto marketing regulations.Crypto.com had received registration approval from the FCA in August 2022. At the time, CEO Kris Marsazalek stated:“We are committed to the UK market and we look forward to developing our platform and presence in the UK further by expanding our offering to customers, while continuing to work with regulators.”In June, the firm acquired a Major Payment Institution (MPI) license in its home market of Singapore from the Monetary Authority of Singapore (MAS). Around the same timeframe, the firm received a minimum viable product (MVP) license from the Virtual Assets Regulatory Authority (VARA) in Dubai.

Industry leaders are turning their attention to Hong Kong as a notable location for spot bitcoin exchange-traded funds (ETFs). That speculation arises in anticipation of the United States granting approval for such ETFs, with Hong Kong emerging as a likely frontrunner in Asia. In a recent report, The Block spoke with a couple of prominent industry stakeholders, who appear to acknowledge the significance of moves towards seemingly expanding crypto ETF product offerings in Hong Kong, even though the bulk of the industry’s attention has been on U.S. spot bitcoin ETF approval.Photo by Simon Zhu on UnsplashU.S. ETF expectationsOn Monday, the research arm of crypto derivatives platform BitMEX calculated that the arrival of such a product in the United States could dwarf the total value locked within existing crypto-related exchange traded products (ETPs). Earlier this month, a researcher at crypto asset manager Bitwise suggested that U.S. spot bitcoin ETFs would be the most successful ETF products ever launched. Acknowledging Hong Kong’s positionWith all the focus on the U.S., could it be that Hong Kong will play a far greater role in the global crypto ETF business? Yat Siu, the chairman of Web3 investor Animoca Brands, highlighted the encouraging position of Hong Kong’s Securities and Futures Commission (SFC) toward digital assets, laying a foundation for potential spot bitcoin ETFs. Referring to the SFC’s recent statement expressing openness to expanding access to digital assets, Siu emphasized the relatively uncontroversial nature of a spot Bitcoin ETF. He noted: “If you look at what the SFC had said about I think a month ago, it says that it was open to widen access to digital assets. And frankly, Bitcoin spot ETF is, I would say, relatively uncontroversial at the end of the day.” Poised to usher in spot ETFsAs the U.S. inches closer to approving its first spot bitcoin ETF, Hong Kong could likely follow suit, benefiting from the groundwork already laid by U.S. regulators. In fact, just last week both local regulators, the Hong Kong Monetary Authority (HKMA) and the Securities and Futures Commission (SFC), signaled that they are happy to start to accept applications for the provision of crypto-related spot ETFs. Siu pointed out the abundance of public filings and applications that Hong Kong authorities can reference in shaping their regulatory framework. Julia Leung, SFC CEO, stated in November that the regulator was evaluating spot crypto ETFs while expressing openness to proposals leveraging innovative technology for efficiency and enhanced customer experience. Presently, Hong Kong has listed several futures-based crypto ETFs, including the Samsung Bitcoin Futures Active ETF, CSOP Bitcoin Futures ETF and CSOP Ether Futures ETF. Glenn Woo, Head of Sales of APAC at Web3 infrastructure company Blockdaemon, echoed the positive sentiment, noting that while traditional asset managers may have lingering concerns, there is a prevailing appetite for such financial instruments in Hong Kong. Woo, drawing on over a decade of experience in the traditional financial industry in Hong Kong, emphasized the growing interest, anticipating that the appetite will expand further once the U.S. approves its first bitcoin ETF. Hong Kong’s long-standing reputation as a global financial center, combined with the potential of crypto ETF products, will likely boost crypto adoption in the region and the significance of Hong Kong’s role in the sector with it.