Backpack forges partnership with Australian crypto on-ramp provider

Hong Kong Legislator Courting US Crypto Exchange CoinbaseRecently, Johnny Ng, a member of the Hong Kong Legislative Council, expressed his interest in the future development of Coinbase, a major US cryptocurrency exchange, in Hong Kong. In a tweet today, Ng said that he had been in contact with Coinbase and that he would keep the public updated on further progress.Photo by Ruslan Bardash on UnsplashNg’s invitation to crypto exchangesThis tweet follows Ng’s earlier invitation to Coinbase and other global crypto trading platforms to apply for licenses in Hong Kong. His comments are in line with Hong Kong’s efforts to become a hub for cryptocurrency and blockchain-related activities. As of June 1, a new licensing regime for centralized virtual asset trading platforms (VATPs) went into effect in the Chinese special administrative region.Differing opinionsDespite the enthusiasm shown by Ng, there are differing opinions on Hong Kong’s current suitability as a crypto-friendly jurisdiction. Leo Weese, the co-founder and President of the Bitcoin Association of Hong Kong, expressed reservations in an interview with crypto media outlet CoinDesk.Weese described Hong Kong’s current setup as “highly unattractive” for crypto businesses. He cited factors such as a relatively small and untested market, limited banking partnerships, and restrictive product offerings.Despite these challenges, Weese acknowledged some potential advantages, stating that Hong Kong’s classification of tokens as non-securities allows for the trading of securities that are deemed unregistered in other jurisdictions. It is important to note, however, that Weese cautioned against assuming that moving operations to Hong Kong would protect Coinbase from US regulatory measures.Moody’s altered outlook on CoinbaseMeanwhile, Moody’s, the American credit rating agency, recently revised Coinbase’s outlook from stable to negative, citing uncertainties surrounding the impact of the US Securities and Exchange Commission’s (SEC) charges on Coinbase’s operation as an unregistered securities broker.

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.

Further JPEX Controversy Due to DAO PlanDubai-headquartered crypto exchange JPEX, which has recently found itself at the center of controversy in Hong Kong, has moved forward with a plan to transition the platform into a decentralized autonomous organization (DAO).Photo by Clint Adair on UnsplashDisputed voting outcomeThe firm’s management envisages converting user assets into dividend shares, with an incentive to lock them up for two years. While the exchange claims that the majority of its users voted in favor of the plan, some users are alleging that their assets have been converted without their knowledge or consent.The company announced the outcome of its DAO Shareholder Dividend Scheme referendum on its website on Wednesday. According to JPEX, voting on the program concluded on September 28. The company alleges that 68% of users voted to support the proposed scheme.Asset conversionUnder this plan, users can convert their currently frozen assets into DAO Stakeholder dividends at a 1:1 ratio. JPEX also offers a repurchase option at 30% of the conversion price after one year and a 100% repurchase option after two years.In a prior announcement, JPEX stated that users who agreed to the scheme would receive dividends from the exchange through a new token listing, trading fees, and a distribution of JPEX Coin (JPC), the platform’s native token, in proportion to their shareholder dividends.The scheme seems to encourage users to keep their funds on the exchange, which has been grappling with liquidity issues. Previously, the exchange had taken to putting in place unreasonably high withdrawal fees to discourage users from attempting to withdraw their funds from the platform.Ongoing falloutThere has been ongoing fallout from the exchange businesses' difficulties over recent weeks. At first, a number of influencers who had promoted the exchange were arrested. Later, Hong Kong regulators suggested they were giving further scrutiny to crypto trading regulations in light of the scandal.Further arrests were made in connection with the exchange’s activities. Regulators have suggested that they would create a public listing of platforms that are actually regulated within the Chinese autonomous territory and the licensing status of those businesses. On Thursday the South China Morning Post (SCMP) reported that a further six people have been arrested in relation to the scandal, including the company’s CEO.In another report on Wednesday the SCMP had cited one platform user who maintained that her assets had already been converted to JPC tokens without her consent or prior knowledge. She and other users discovered that they could no longer withdraw their assets following JPEX’s announcement to proceed with the plan.“All of my [Tether] USDT and other cryptocurrencies are gone, all transferred to JPC,” she lamented, noting that her assets had been converted to JPC, a token with low liquidity and limited use cases. She expressed concern about the unknown price of JPC and the inability to withdraw, suggesting their assets had become worthless.On Wednesday, Hong Kong’s police and securities regulator jointly launched a crypto-focused task force aimed at combating illicit activities by cryptocurrency exchanges in the region.