Mt.Gox creditors start to confirm receipt of first repayments

The Dubai Court of First Instance in the United Arab Emirates (UAE) has notched up another milestone relative to the continuing rollout of the use of and legal status of cryptocurrency by recognizing crypto as a legitimate means of payment where salaries are concerned. The groundbreaking decision, which was revealed in the court via case number 1739 of 2024, gives confirmed legal recognition to the validity of crypto as a means of payment for salaries, which may be stipulated in an employment contract.Photo by David Rodrigo on UnsplashRuling reflecting a progressive approach to cryptoThe outcome hit the radar of a number of crypto-centric UAE-based lawyers, with Web3 lawyer Irina Heaver, a partner at NeosLegal, pointing out that the decision marks a shift from previous relevant case law in the UAE in 2023 when a similar set of circumstances led to crypto not being recognized for the purposes of salary payment. Commenting on the ruling of that previous case, she stated: “This decision reflected a traditional viewpoint, emphasizing the need for concrete evidence when dealing with unconventional payment forms.” Ecowatt (EWT) tokensIn this latest case, the circumstances revolved around a dispute whereby an employee claimed for unpaid salary, termination compensation and further benefits. The employee’s contract of employment outlined a payment in both fiat currency, alongside 5,250 Ecowatt (EWT) tokens.  Ecowatt is a renewable energy blockchain project which claims to serve a purpose in reducing carbon impact on a global basis through the tokenization of green energy. It was the failure of the employer to pay out the tokenized portion of the employee’s salary that led to the dispute and the subsequent lawsuit. The court ultimately sided with the employee, agreeing that the employer must fulfill its contractual obligation and pay out the remainder of the employee’s salary and benefits in Ecowatt tokens. The judgement stated: “As the respondent did not provide evidence of payment in EcoWatt tokens, the court orders the respondent to pay the claimant the value of her wages in EcoWatt tokens.” In weighing up this latest adjudication, Heaver concludes that the move is congruent with the progressive approach that is being taken to digital assets within the UAE. “This decision reflects a broader acceptance of cryptocurrency in employment contracts and highlights the court’s recognition of the evolving nature of financial transactions within the Web3 economy,” she stated. Mahmoud Abuwasel, partner at Wasel & Wasel, an international firm with a presence in Abu Dhabi, also noted the relevance of the ruling, posting on the matter on legal update database, Lexology.  Greater legal clarityLittle by little, greater clarity is emerging in jurisdictions worldwide with regard to the status of cryptocurrency and digital assets within the context of international legal systems. In 2023, a Chinese court recognized virtual assets as legal property, affirming the legal status of virtual assets as protected property under Chinese law.Earlier in 2023, the courts in the Chinese autonomous territory of Hong Kong determined cryptocurrency to be property “capable of being held in trust.” Not all decisions have been positive however, with a Singaporean court determining in April 2023 that crypto is not money, albeit that the judge did acknowledge that the matter would require a more detailed examination of evidence in another court. 

Turkey, a significant player in the global cryptocurrency market, has been anticipated to introduce comprehensive crypto-related legislation in 2024. Despite initial announcements suggesting an early rollout, the specifics of the anticipated regulatory framework remain pending, leaving stakeholders in anticipation. Currently, Turkey operates with limited crypto regulations. While some measures exist, such as those imposed by the Central Bank and the Ministry of Finance’s financial intelligence unit, others remain informal, such as guidance from the Capital Markets Board. These regulations primarily focus on prohibiting certain activities and implementing anti-money laundering (AML) measures.Photo by Dima Rogachevskiy on UnsplashAnticipated reforms and their purposeThe forthcoming legislation is expected to address various aspects of the crypto market, including licensing requirements for exchanges, investor protection measures and taxation. The aim is to align with international standards, potentially aiding Turkey in exiting the Financial Action Task Force's (FATF) "gray list." The regulations aim to enhance investor protection, especially in light of past incidents like the collapse of the Thodex exchange, while also providing a legal framework for crypto taxation. Timing of implementationDespite expectations for an early introduction, the exact timeline for the enactment of the crypto legislation remains uncertain. Industry observers speculate potential connections between the legislation's timing and Turkey's efforts to exit the FATF's "gray list." While some anticipate a release by mid-year, others suggest a delay until later in the year, underscoring the complexity and importance of the regulatory reforms for Turkey's crypto ecosystem. 

With the general election just over a month away, South Korea’s ruling People Power Party (PPP) has retracted its campaign pledges to allow trading of spot bitcoin ETFs, local media outlet Chosun Biz reported. The PPP has previously drawn substantial attention from the crypto industry, as the party showed its intention to ease a range of crypto regulations in hopes of gaining more votes in the general election.  A political insider familiar with the issue said yesterday that the PPP has recently removed crypto-related agendas from its priority list. The crypto pledges, initially planned to be announced last week, have been permanently suspended, the person said. “The leaders of the PPP are currently focusing on nomination for local constituencies and its satellite People’s Future Party, rather than coming up with additional crypto agendas. As the PPP appears to be embarking on the election campaign starting in March, the likelihood of the ruling party releasing crypto pledges is very slim,” another political circle insider mentioned.Photo by Traxer on UnsplashTalks between PPP and FSC go in vainThe PPP’s decision to retract crypto-related pledges comes after its attempt to approve the introduction and trading of spot bitcoin ETFs met with opposition from the Financial Services Commission (FSC).  Unlike the PPP or its opposition Democratic Party of Korea (DPK) that scrambled to ease crypto regulations ahead of the general election, the FSC’s stance on viewing crypto assets as risky hasn’t changed much. Despite last month’s approval of spot bitcoin ETFs by the U.S. Securities and Exchange Commission (SEC), the FSC continues to ban the issuance of crypto-based financial products or investments in them, stating that crypto assets are not defined as underlying assets under the current Capital Markets Act. This has gotten in the way of the PPP’s plan to delay taxation on crypto gains for as long as two years and allow institutional investments in virtual assets.  The PPP also had to verify all the party members to see if any of them had a record of wrongdoings related to crypto transactions, which further delayed the pledges. This shows politicians’ heightened awareness of crypto-related issues. Last year, the DPK lawmaker Kim Nam-guk made headlines for a scandal, as he was accused of failing to report a considerable amount of crypto assets transactions to the financial authority. PPP lags a step behind its opposition DPKThe DPK has also strived to come up with crypto pledges alongside the PPP. The crypto-related pledges released by the DPK so far largely overlap with those of the PPP, meaning there’s no particular merit to the PPP’s campaign vows leading up to the general election. Many see this as another reason for the PPP’s decision to withdraw crypto pledges. The DPK unveiled its plan on Feb. 21 to legalize spot bitcoin ETFs, and pledged to deduct taxes on crypto gains worth less than KRW 50 million ($37,400). Under the current law, only crypto gains that are worth less than KRW 2.5 million qualify for the tax deduction. Most of these pledges largely align with those of the PPP.  With the PPP’s withdrawal of its plan to ease crypto regulations, the excitement among crypto industry insiders for the upcoming general election appears to have subsided. “Despite the DPK’s promise to allow spot bitcoin ETFs, it is unlikely that we’ll see crypto assets being incorporated into the conventional financial system without the ruling party’s approval, let alone fostering the blockchain industry,” said one crypto insider.