United Nations report cites popularity of USDT for fraud in Southeast Asia

Hong Kong Deems Crypto as PropertyIn dealing with a case involving defunct Hong Kong-based cryptocurrency exchange Gatecoin, a Hong Kong judge has determined cryptocurrency as being property “capable of being held in trust.” Presiding over the case, Justice Linda Chan stated recently that Hong Kong takes a broad definition of what constitutes property.©Pexels/mitbg000Digital assets held in trustHaving expended efforts to try and recover funds from a former payments service provider that the company had partnered with, Gatecoin announced that it would shut down the business and commence the liquidation of the business in 2019. With bankruptcy proceedings being notoriously slow, that process continues today, resulting in Justice Chan’s recent determination.The notion of property held in trust is a common theme that has been explored in a number of cryptocurrency business bankruptcy processes recently, including the BlockFi, Celsius and FTX processes.Gatecoin has not proven to be any different in this regard. Liquidators had turned to the Hong Kong courts for direction as to how creditors’ digital assets, as held on the platform, should be defined. If property is deemed to have been held “in trust”, then that determination has implications for the owner of those assets relative to the bankruptcy proceedings.In the case of BlockFi, a determination was made in a US court that those who had simply custodied digital assets with the platform without earning any yield were property owners and that they should have their assets returned.The importance of Terms of Service (ToS)Alex Mashinsky, the founder and CEO of failed crypto lending competitor Celsius outlined to service users on a number of occasions that the assets remained their property even though his company used customer assets for various trading activities. The bankruptcy judge reached a different determination based on the terms of service. Service users had acknowledged in signing off on Celsius’ terms of service that assets held on the platform that accessed yield-bearing products became the property of Celsius when deposited within those products on the Celsius platform.Although it has not been dealt with yet, 1.4 million creditors relative to the bankruptcy process of failed cryptocurrency exchange FTX are likely to discover later this year if they can claim “in trust” property rights. An ad hoc group of creditors has taken legal action for the return of their digital assets on the basis of an assertion that the assets remained their property when transferred onto the platform.ImplicationsWhilst a seemingly uninteresting determination to anyone less informed about such bankruptcy proceedings, such decisions can have profound consequences. In a bankruptcy process, there is a hierarchy of creditors, with some having greater rights than others when it comes to the distribution of bankruptcy estate funds. Recognition of assets being held in trust as property would likely take those property owners out of the bankruptcy process, allowing the return of their funds (where available) while others who are classified as creditors get a distribution of whatever funds are left in the bankruptcy estate thereafter.Additional complexityGatecoin’s case was further complicated by the existence of various sets of terms of service. In two of the three instances, the court found that no trust language existed. There is one subset of creditors who may have the ability to claim their digital assets as property. The liquidators have agreed to identify them and contact them in that regard.While the process may be proving to be a minefield for Gatecoin’s creditors, it has served a broader purpose in crypto more generally as it has provided yet another opportunity for another jurisdiction, in this instance Hong Kong, to provide some more clarity with regard to the legal status and standing of cryptocurrency.

Taiwan Aims to Propose Special Crypto Law by Late NovemberIn a bid to address growing concerns surrounding offshore crypto exchanges and prevent regulatory arbitrage, Taiwan is actively working towards proposing a draft special crypto law for its first reading by the end of November.Yung-Chang Chiang, a member of the Legislative Yuan, the Taiwanese parliament, emphasized the need for a dedicated crypto asset act to effectively regulate crypto businesses in discussion with The Block on Friday. Chiang believes that cryptocurrencies, as an asset class, significantly differ from traditional financial products and require oversight through a separate, specialized legal framework.Photo by Ian Chen on UnsplashPublic hearingThe Taiwanese politician recently organized a public hearing within the parliament to discuss the draft proposal with key stakeholders, including virtual asset service providers, legal experts, and academics. He argued that while Taiwan’s Financial Supervisory Commission (FSC) had released guidelines for the crypto sector to establish self-supervisory rules through a potential industry association, these measures lack legal enforceability.Chiang pointed out:“In this case, under the authority of this special law, regulatory authorities can impose administrative penalties on operators who violate these self-regulation rules. Without such a special law, the regulators would lack the ability to impose penalties.”Under the proposed special law, all crypto platforms operating in Taiwan would be required to obtain a permit. Failure to do so could result in regulatory orders to cease operations. Presently, Taiwan mandates that virtual asset service providers comply with anti-money laundering (AML) laws, which were introduced by the FSC in July 2021. However, the broader crypto industry in Taiwan remains largely unregulated.It is unlikely that the special law will pass through all three readings during the current legislative session, which is expected to conclude by the end of this year. Chiang noted: “An election is coming up, and the current legislative session focuses more on reviewing the government’s budget.”Chiang also mentioned the possibility of Taiwan’s FSC proposing its version of the special crypto law, but this is not anticipated until at least mid-2024. He explained: “It’s hard to say exactly when the special law will be enacted, but it should likely occur sometime after the middle of 2024.”Binance, the world’s largest crypto exchange, is understood to be in the process of registering in Taiwan for AML compliance, despite not currently being regulated in the country. The exchange has formed a local entity named “Binance International Limited Taiwan Branch (Seychelles),” as indicated in the Taiwanese Ministry of Economic Affairs’ database.Banking difficultiesDuring the public hearing, Damien Ho, Representative of Global Partnerships at Binance, raised concerns about the challenges faced by crypto platforms in Taiwan in securing suitable banking services. Despite the FSC’s efforts to discourage banks from treating crypto platforms as high-risk entities, crypto platforms still encounter difficulties in their interactions with banks. Ho suggested that the Taiwanese government should encourage private or public banks to become more crypto-friendly, facilitating the regulated and effective development of crypto businesses.At the public hearing, Winston Hsiao, Co-Founder and Group CRO of Taipei-based crypto exchange XREX, suggested a step-by-step approach to regulation, with smaller entities adhering to self-supervisory rules formulated by the industry association after registration. For larger entities, he proposed obtaining a permit under the special law and potentially applying for other relevant financial licenses.

Hyosung TNS and APoT Join Hands to Promote NFT Portal ServiceSouth Korean IT infrastructure and financial solutions provider Hyosung TNS announced that it is teaming up with APoT Platforms, a company specializing in developing blockchains for real-world assets (RWAs), to promote NFTtown — Hyosung TNS’ portal service dedicated to providing information, news, and educational content on NFTs.Photo by Andrey Metelev on UnsplashBringing real-world assets to blockchainAPoT Platforms is equipped with technology that is able to embed data on RWAs, such as artwork and luxury goods, thereby connecting them to the blockchain. The company also maintains an extensive network of collaborative relationships with various NFT artist organizations and communities both domestically and abroad.Hyosung TNS plans to bring APoT’s artist network to NFTtown, allowing users to easily access information regarding NFT artists and their works.The two companies will also work together on other efforts, including introducing NFT artworks, digital product transfers, and events for NFT holders.NFT art exhibitionAs the first step of their collaboration, they plan to exhibit and sell works by renowned NFT artists such as Han Kwang-suk, Quiet Eye, and HAN (Han Sun-ok) this month at the Lotte Department Store Ilsan’s Spazio We;R Gallery.