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OPNX Makes a Play for Struggling Crypto Lender HodlnautIn a strategic move OPNX, the crypto claims trading platform associated with the founders of failed Singaporean crypto hedge fund Three Arrows Capital (3AC), is eyeing the acquisition of Hodlnaut, a beleaguered crypto lender currently undergoing court-supervised restructuring in Singapore.Photo by Meriç Dağlı on UnsplashCompelling offerThat’s according to a person familiar with the matter cited by Bloomberg News on Sunday, together with a term sheet seen by Bloomberg. It’s understood that OPNX has presented a compelling offer to infuse Hodlnaut with a much-needed capital injection of approximately $30 million worth of FLEX digital tokens.These tokens are closely tied to CoinFLEX, a trading platform that ran into difficulty in 2022, co-founded by Mark Lamb and Sudhu Arumugam. The Seychelles-based company rebranded and relaunched as OPNX earlier this year with the 3AC founders on board. The FLEX token holds a current market valuation of around $647 million, according to CoinGecko data.Partial creditor payoutThe OPNX proposal aims to fund a partial creditor payout to facilitate the resolution of pending claims. This proposal comes on the heels of efforts by Hodlnaut’s directors to reach out directly to its users, a move that was met with objections by the interim judicial managers overseeing Hodlnaut’s restructuring. A letter dated July 29 from the administrators confirms this development.Under the terms of the deal outlined in a term sheet, OPNX’s capital injection through FLEX tokens would translate into a 75% ownership stake in Hodlnaut. The restructuring plan, if approved by creditors, would see these creditors receiving 30% of their claims in FLEX and other tokens. Alternatively, they would be entitled to a pro-rata payment of up to 95% of the total available corporate assets, whichever is more favorable to them.Hodlnaut, headquartered in Singapore with operations also in Hong Kong, got caught up in crypto market turbulence, leading to a suspension of withdrawals a year ago. Subsequently, it embarked on a court-monitored restructuring journey in Singapore. Neither Hodlnaut nor its judicial managers have provided immediate comments on the OPNX bid.The founders of Hodlnaut, Simon Lee and Zhu Juntao, had earlier proposed a business sale as a preferable alternative to liquidation. This proposal aimed to provide better outcomes for creditors, who had initially expressed preference for liquidation over a proposed restructuring plan earlier in the year.OPNX reprimandThe journey of both OPNX and Hodlnaut is also marked by legal and regulatory challenges. In April, authorities in Dubai reprimanded Su Zhu, Kyle Davies, Mark Lamb, OPNX’s CEO Leslie Lamb, and Sudhu Arumugam for operating and promoting OPNX without the required local license. Meanwhile, the liquidators of 3AC have alleged a lack of cooperation by Zhu and Davies, as they seek to recover $1.3 billion from the duo, reflecting the losses preceding the fund’s downfall.The 3AC founders recently claimed that they would donate OPNX profits to 3AC creditors. However, Kyle Davies is fighting the efforts of the 3AC liquidator to reclaim funds from the founders.

Chinese Court Recognizes Virtual Assets as Legal PropertyAccording to a recent report published by the People’s Courts of the People’s Republic of China, a Chinese court has recognized the legal status of virtual assets, having analyzed their attributes within the framework of Chinese criminal law.The court unequivocally stated that virtual assets are considered legal property under the current legal policy framework and are thus protected by law.The People’s Courts of the People’s Republic of China exercise judicial power independently, free from interference by administrative or public organizations. They have responsibility for adjudicating civil, criminal, and administrative cases.Photo by Christian Lue on UnsplashProperty classificationLocal news source Odaily News reported on the development on Friday, indicating that the report, titled “Identification of the Property Attributes of Virtual Currency and Disposal of Property Involved in the Case,” explicitly recognized the economic attributes of virtual assets, leading to their classification as property.This declaration is particularly significant in light of China’s sweeping ban on decentralized cryptocurrencies. Despite this ban, the report argues that virtual assets held by individuals should enjoy legal protection within the existing policy framework.Furthermore, the report proposed recommendations for addressing crimes involving virtual assets. It emphasized that in cases where money and property are involved, confiscation should be based on the integration of criminal and civil law. The approach taken aims to strike a balance between safeguarding personal property rights while also addressing broader social and public interests.Contentious approach to cryptoWhile China has been making every effort to promote its central bank digital currency (CBDC) and the development of blockchain and metaverse-related technology within the country, its stance on decentralized cryptocurrencies has been contentious at best.Its approach in that respect has been marked by a blanket ban on crypto-related activities such as mining and trading and the prohibition of foreign crypto exchanges from serving customers within mainland China. Nevertheless, Chinese courts have consistently taken a more nuanced view without necessarily contradicting the government’s approach.Differing interpretationsThe divergence between national policy and court rulings first emerged in 2019 when the Hangzhou Internet Court found that Bitcoin is a form of virtual property, and on that basis, it is safeguarded by the law from the point of view of property rights. In May 2022, a Shanghai court affirmed that Bitcoin qualifies as virtual property and, as such, falls under the purview of property rights.Global issueIt’s not just the Chinese courts that are grappling with the issue of clarifying property rights relative to virtual assets. In April of this year, a case in Hong Kong involving defunct crypto exchange Gatecoin resulted in the courts determining that cryptocurrency is property and that on that basis, it’s “capable of being held in trust.”In July a Singaporean court determined that cryptocurrency is capable of being held in trust and on that basis, it should be recognized as property. Earlier this year, the High Court of Justice in London recognized non-fungible tokens (NFTs) as property.The report from the People’s Court reaffirms the legal status of virtual assets as protected property under Chinese law. This development highlights the ongoing divergence between China’s regulatory policy and the judicial interpretation of virtual assets, signaling a potential evolution in the country’s approach to cryptocurrencies.

Monthly Active Users of Binance in South Korea Surpasses 230,000The monthly active user (MAU) count for the virtual asset exchange app Binance has surpassed 230,000 in South Korea, according to a recent analysis reported by local news outlet Etoday. This places Binance as the fourth-largest exchange in terms of user base, following more prominent local won-denominated exchanges Upbit, Bithumb, and Coinone.Photo by Vadim Artyukhin on UnsplashSoaring numbersAccording to data from the insights platform Mobile Index, the MAU for the Binance app in Korea averaged 230,965 users from February to July this year. Starting from 238,487 users in February, the number peaked at 240,000 in April, followed by a slight decrease to 219,010 in June and 215,743 in July. These figures significantly outpace the 131,799 average for Korbit and 36,123 for Gopax, recorded over the past six months.The abundance of users is also reflected in the app’s high trading volume in Korea. In May this year, Binance reportedly accounted for around $58.3 billion in trading volume from Korean users, representing approximately 13% of the total trading volume, according to the Wall Street Journal. This makes Korea the app’s second-largest market after China in terms of trading volume.These statistics are notable considering the fact that Binance does not support won-denominated trading nor has a Virtual Asset Service Provider (VASP) license for Korean operations. They can thus be attributed to the availability of futures trading, which is not offered by local exchanges. According to the Journal, futures trading accounts for 98% of the transactions conducted by Korean users.Regulatory validationMoreover, Binance is registered on the travel rule whitelists of three of the country’s largest exchanges: Upbit, Bithumb, and Coinone. This travel rule regulation was put into effect last year, requiring financial institutions to share data on cryptocurrency transactions.Being whitelisted means that users of the aforementioned exchanges can easily make trades on Binance after completing Know Your Customer (KYC) identification procedures.Each exchange follows its own criteria to add virtual asset service providers to its whitelist, allowing only whitelisted entities to send and receive transactions.Industry experts claim that this is yet another depiction of just how lucrative Korea’s crypto market is, as is the case with the significant trading volumes recorded by domestic exchanges. This is likely driving the active efforts of foreign exchanges, including Binance, to penetrate the market.Binance’s ongoing regulatory challengesEarlier this year, Binance acquired a majority stake in Streami, the operator of Korea’s KRW-to-crypto exchange Gopax, aiming to solidify its presence in the Korean market. Following this acquisition, Streami underwent leadership transitions that saw Lee Joon-haeng step down, making way for Binance’s APAC head Leon Sing Foong. Subsequently, the leadership baton was passed to Lee Joong-hoon, the former Vice President of Gopax.For these shifts in leadership, Streami submitted reports to the Financial Intelligence Unit (FIU) under the Korean Financial Services Commission (FSC) to inform the regulatory body about changes in company representatives. However, despite these notifications, the financial regulator has not yet granted its approval, likely influenced by the ongoing legal challenges Binance is facing in multiple jurisdictions, including that of the United States.In a seeming effort to address this regulatory impasse, Streami has recently decided to undergo yet another change in its CEO position. This marks the third leadership alteration within a span of six months. Meanwhile, the identity of the incoming CEO is yet to be disclosed.Oscillating trends of growth and declineIn related news, Mobile Index also reported that Upbit had the highest MAU among virtual asset exchange apps in Korea. From February to July, Upbit averaged an MAU count of 3,280,746, surpassing the 1,005,432 average for Bithumb, marking a threefold difference. Coinone’s average MAU during this period was calculated at 316,277.However, over the same six-month period, all won-denominated exchanges except for Korbit experienced a decline in MAU. Gopax witnessed a 22.3% drop from 42,556 users in February to 33,059 users in July. This was followed by 20%, 14.8%, and 6.8% declines for Coinone, Bithumb, and Upbit, respectively. Binance also experienced a 9.5% dip.In contrast, Korbit saw a 16.5% increase, rising from 118,816 MAU in February to 131,799 in July.