Bybit joins quest for VATP license in Hong Kong

Bybit Extends Service Offering to Include LendingDubai-headquartered crypto spot and derivatives trading platform Bybit announced on Tuesday that it has expanded the range of services it offers to now also encompass crypto lending.Photo by Traxer on UnsplashHourly interestIn the announcement which has been published to the platform’s website, the company set out the nature of the Bybit Lending product. “With Bybit Lending, users can deposit their unused cryptocurrencies into Asset Pools, which will be lent out to borrowers,” the service update outlines.Expanding on the features that the new service offering brings with it, the crypto platform outlines that customers will have the ability to accrue interest on an hourly basis. That interest will be calculated at a variable rate, with a variance in the rate depending upon the level of borrowing activity. “In extreme cases where there are no borrowers at all, the interest rate could drop to 0%,” the company clarified.Low risk claimsBybit points out that “loaned assets are kept safe by Bybit’s strict risk management system, enabling you to earn returns with peace of mind.” While this is comforting to hear, it remains to be seen to what extent crypto market participants will take this statement at face value.2022 proved itself to be a graveyard for most of the leading crypto lending firms, and with that, such failures also proved to be a graveyard for the hard earned funds of retail market participants in their hundreds of thousands. Many are dubious about the integrity and sustainability of the crypto lending model, at least at a retail level.Withdrawal restrictionsBybit added that the product facilitates flexible redemptions. However, in an accompanying note, it added that the withdrawal of funds is dependent upon “ the funds in the Asset Pool [not being] fully lent out and you have not exceeded your Daily Withdrawal Limit.”It’s important to note that as many of the failed crypto lenders were getting further and further into difficulty in 2022, they added more arduous withdrawal limits and withdrawal conditions as a mechanism to stem the bleeding that was the outward flow of deposits against a backdrop of a deficit in customer funds held by these platforms.In further marketing of the product on Twitter, the company is claiming that customers can benefit from interest rates of up to 16.46%. While one could take the view that limited promotion of exceptionally high interest rates is harmless, the lesson learned from recent crypto lender failures is that such platforms were offering excessive and unsustainable interest rates as a mechanism to reel in retail deposits, only to later proceed to mismanage those funds.Competing offeringsBybit is not alone in offering this service. While a plethora of lending services exited the market via bankruptcy, exchanges such as OKX and KuCoin have their own variations on lending. OKX extends a loan facility to platform users proportionate to digital assets the user has deposited on the platform. Seychelles-based KuCoin offers a lending service across a broad spectrum of crypto assets.The intent of US based platforms Coinbase and Kraken in this regard has been retarded due to the actions of US regulators. Kraken fell foul of the Securities and Exchange Commission (SEC) relative to its staking service and paid a $30 million fine as a consequence. Meanwhile, Coinbase shelved plans to launch lending-based services in September 2021 having been warded off the idea by the SEC.

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.  

UAE Starts to Accept Crypto License ApplicationsEarlier this week, the United Arab Emirates (UAE) announced that it has commenced the process of accepting license applications from crypto companies.©Pexels/Andrea PiacquadioThe announcement was made by the Middle Eastern country’s Securities and Commodities Authority (SCA) on Monday. The decision comes in the wake of last year’s UAE Council of Ministers opting to regulate the country’s crypto sector as per Decision №111.VASP approval processAs part of the process, virtual asset service providers (VASPs) are obliged to apply to the SCA for approval with those already licensed within the UAEs financial-free zones not required to undertake the process.When it comes to the individual Emirates of Dubai and Abu Dhabi, both have already implemented their own licensing process relative to crypto service providers. In the case of Dubai, it already has its Virtual Assets Regulatory Authority (VARA) and its procedures have been deemed to be unified with the process now being implemented by the UAE.The SCA suggested that the initiative offers the opportunity for crypto companies to “regularize their status.”Key rulesThe SCA has set out nine articles as part of the process it is asking crypto companies to apply for and sign up to. Article 3 stipulates that VASPs can only trade digital or virtual assets that have been accepted and approved within an official list of virtual assets.Article 4 sets out the tasks and responsibilities of the virtual assets platform operator. It considers the need for integrity, transparency and professional behavior. Service access must be organized through procedures that facilitate access only for permitted persons.Article 5 highlights the obligations of VASPs relative to seven areas. These include operational efficiency and flexibility, and the provision of operational rules. That incorporates the need for the setting and maintenance of operational business rules and meeting operational rules according to a predefined set of standards.The policy sets out the right of the SCA to request provision of documents and data from a VASP and their receipt within a specified time period.Jurisdictional arbitrageThe UAE and particularly its Abu Dhabi and Dubai emirates are demonstrating that they’re open for business where the digital assets sector is concerned. It’s one location that’s on the rise in terms of coming to global prominence in competing for crypto business alongside places like Singapore and Hong Kong.The Biden administration in the United States has shifted policy relative to digital assets to the down side. On Wednesday it emerged that leading US exchange Coinbase has received approval to operate in Bermuda. It’s being speculated that negotiations are also underway in Abu Dhabi to secure a license for the company to trade there.On the day in which Securities and Exchange Commission (SEC) Chair Gary Gensler received a harsh grilling in front of the House Financial Services Committee on Capitol Hill, Coinbase CEO Brian Armstrong confirmed that the company is prepared to move overseas if the regulatory environment doesn’t improve in the United States.Meanwhile, earlier on Thursday, the European Union officially passed its Markets in Crypto-Assets (MiCA) legislation in the European Parliament, providing clarity for the digital assets industry in Europe. In moving forward with crypto licensing, the UAE is jockeying for position among a field of global centers that are vying for crypto business while the US falls behind.