Gemini receives in-principle MPI license approval in Singapore

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.

Zhong An Bank (ZA Bank), Hong Kong’s largest digital bank, has announced that it is now offering crypto trading services to its 800,000 retail customers. The bank set out details of its latest offering in a press release published to its website on Nov. 25. With that, ZA Bank claims to be the first Asian bank to offer crypto trading services to retail customers. Singapore’s DBS Bank was the first conventional bank in Asia to offer crypto services, although in that case, its offering was confined to institutional and accredited investors. It has yet to launch crypto trading for its retail customers.Photo by Traxer on UnsplashHashKey Exchange partnership While DBS built its own crypto exchange platform, in this instance, ZA Bank has decided to partner with local regulated crypto platform, HashKey Exchange. To begin with, the bank will offer Bitcoin and Ethereum in HKD and USD trading pairs. To promote the service, users are being offered commission-free trading during the first three months. A minimum investment level of HKD 600 ($70) has been set. Essentially, ZA Bank customers can access this trading feature through the ZA Bank banking app. Commenting on the partnership, HashKey Exchange CEO Livio Weng stated:”Our collaboration goes beyond technical synergies; it also reflects our shared commitment to upholding the highest regulatory standards. Looking ahead, HashKey Exchange will continue to work closely with ZA Bank to drive the development of the Web3 ecosystem, while delivering more diversified financial services to our users. Together, we aim to usher in a new era of wealth management.” HashKey Exchange is one of three virtual asset exchanges in the Chinese autonomous territory that have been fully regulated and licensed. Facilitating retail demand The bank cited a recent Hong Kong Association of Banks survey, which suggested that 70% of respondents believe that banks offering virtual asset trading services would mean greater convenience for people in accessing cryptocurrencies. Consequently, it would lead to further adoption of cryptocurrencies and it’s on this basis that ZA Bank has launched this latest service, catering to an emerging demand from its customers. Speaking to that, ZA Bank's Alternate Chief Executive Calvin Ng stated:“The rise of cryptocurrency presents investors with more diverse asset allocation opportunities.” On X, Neo blockchain co-founder Da Hongfei described the development as “noteworthy.” In particular, he highlighted the fact that ZA Bank supports account openings not just for Hong Kong residents but also mainland China residents living in Hong Kong. Notwithstanding that, crypto services still remain out of bounds for mainland China residents.  Hongfei also pointed out that the offering doesn’t allow the customer to transfer crypto purchased via the app off the platform. It is strictly limited to trading of crypto between digital assets and fiat currency. This offering by ZA Bank has been in the works for quite a while, with the bank having indicated that an app-based crypto retail offering was in development last December.  In September the bank received approval from the China Securities Regulatory Commission to add digital asset transactions to its Type 1 license. The bank is owned by ZA Global, an affiliate company of Chinese insurance company Zhong An.

LINE NEXT scores biggest Web3 investment in Asia of 2023LINE NEXT, the NFT business arm of Tokyo-based Internet giant LINE Corporation, has secured a $140 million investment from a consortium led by Seoul-based private equity firm Crescendo Equity Partners, according to an official press release on Wednesday (KST). This is the largest investment in the Asian blockchain and Web3 industry this year.Photo by Precondo CA on Unsplash“LINE’s global competitiveness and its vision to lead Web3 services were the investment thesis,” said Kevin Lee, Managing Partner at Crescendo. “We hope to build a standard for Web3 apps that general users can easily use and adopt blockchain to all sorts of services and brands of Web2.”Ambitious roadmapLINE NEXT plans to use the funds to popularize Web3 by expanding its global platform and developing new services. This includes the official launch of DOSI, a global mobile NFT marketplace app for trading digital products, which will be integrated with LINE’s Japanese NFT marketplace LINE NFT. The launch is scheduled for January next year.The firm will also enable Web2 services and brands to easily adopt Web3 technology by providing new solutions that allow them to directly own and trade digital products.To further promote the widespread adoption of Web3 technology, LINE NEXT plans to create an app that utilizes AI technology to facilitate communication between users via characters they create themselves, as well as a new Web3 game featuring iconic LINE characters. These services will be developed on the public blockchain Finschia.LINE NEXT and Crescendo will also participate as governance council members of the Finschia Foundation and contribute to the expansion of the ecosystem.Strategic investmentKo Young-su, CEO of LINE NEXT, pointed out that such a large-scale investment is a major step considering the global investment environment has recently been shrinking. “We plan to use this opportunity to further popularize Web3 and develop a new service ecosystem where users own the value of their digital goods,” he said.Sponsored by Peter Thiel — the co-founder of Paypal, Palantir Technologies and Founders Fund — Crescendo is dedicated to discovering and investing in promising technology companies both in South Korea and overseas.