Regulator pulls plug on Bybit in Malaysia

Malaysian Prime Minister Datuk Seri Anwar Ibrahim has said that Malaysian government agencies and the country’s central bank need to study blockchain and cryptocurrency from a policy perspective so as not to get left behind.Photo by Esmonde Yong on UnsplashConsidering major changesHis comments emerged alongside the news that Anwar had discussed digital finance policy matters with Abu Dhabi government officials and with Changpeng Zhao (CZ), the founder and former CEO of Binance. According to the New Straits Times, an English-language newspaper published in Malaysia, the Malaysian government is homing in on the establishment and adoption of a formal policy relative to digital assets and blockchain.  Anwar confirmed that discussions also related to “digital transformation, data centers and artificial intelligence (AI),” and that the demands that Malaysia now faces require the government to consider major changes. In discussion with local media, Anwar stated: "I proposed several months ago how our agencies, including security, treasury and Bank Negara study how Malaysia can explore this so we aren't left behind. Ensuring that is regulated could safeguard the people's interests and prevent leakages.” Crypto-friendly regulationsAnwar added that a “radical departure from the old ways” would be needed for Malaysia to remain competitive, emphasizing the need for the Southeast Asian country to keep up to speed through the application of crypto-friendly regulations. Addressing the pace of technological change, he stated: “This is an evolution which happens quickly and requires us to be equally fast. We feel that Malaysia should not be left behind while mired in an old financial system.” In moving towards setting out a clear policy relative to digital assets, the Malaysian prime minister is encouraged by his recent dialogue with United Arab Emirates (UAE) government officials. He said that they confirmed that they feel they can forge close cooperation with Malaysia on the matter. Anwar added:“We need to discuss this in detail, leave behind the old business model and give meaning to this digital finance policy.” Taking to the X social media platform, Binance’s CZ described the nature of his discussion with the Malaysian prime minister, stating: “The discussions were not about Binance but about the crypto industry and Malaysia, including regulations, policies, risks, and collaborations between industries and across national borders. Forward!” A pseudonymous crypto investor and programmer, @darren_com_my, responded to CZ’s tweet to explain that the Malaysian government provides support to the digital assets industry via government agencies, but that, on the other hand, it has blacklisted a number of exchanges such as HTX (formerly Huobi) and Binance.  The local regulator has issued licenses to six virtual asset service providers. In recent weeks, Malaysia’s Securities Commission has taken action against global exchange Bybit and crypto app Atomic Wallet, prohibiting them from trading within the jurisdiction due to both companies not having obtained the required licensing.

Singaporean fintech Alchemy Pay, specializing in crypto payments, has inked a partnership with Worldpay, a well-known payment processor based in the United Kingdom.Photo by Markus Winkler on Unsplash More seamless crypto transactionsThe collaboration, announced on Tuesday, enables Alchemy Pay users to leverage Worldpay’s extensive Visa and Mastercard payment rails, facilitating more seamless cryptocurrency transactions via credit and debit cards. In addition, the parties have agreed that at some stage in the future, Worldpay’s payment channels will add support for Alchemy Pay’s NFT Checkout.Robert McCracken, the Ecosystem Lead at Alchemy, expressed the strategic advantage of the partnership, stating:“Alchemy Pay is now better positioned to assist our business partners and users in seamless cryptocurrency transactions worldwide.”This move aligns with Alchemy Pay’s broader mission of promoting global adoption of digital assets by connecting fiat to the Web3 economy.Nabil Manji, Head of Crypto and Web3 at Worldpay, emphasized the alignment of goals between the two entities. He stated: “Alchemy Pay’s mission to promote global adoption of digital assets by connecting fiat to the Web3 economy is aligned with Worldpay’s role in bridging the gap between traditional and digital finance.”Founded in 2018, Alchemy has established itself as a fiat-to-crypto onboard processor, supporting over 50 fiat currencies through platforms like Google Pay, Apple Pay and various mobile wallets. Licensing driveThe announcement follows Alchemy’s recent acquisition of a money service license in the U.S. state of Iowa on Nov. 23, building on its approval for a similar license in Arkansas in September. The firm has indicated that not only does it have other state licensing applications in the works but that it expects to be in a position to announce further approvals over the coming weeks.The Singaporean company has also been paying attention to licensing requirements elsewhere. In February Alchemy, alongside fintech firm PT Berkah Digital, jointly obtained licensing from the Central Bank of Indonesia. Pursuing collaborationsAlchemy Pay has had a steady stream of announcements relating to industry partnerships in 2023. In July it inked a deal with Checkout.com, allowing the firm to integrate Checkout.com’s Visa and Mastercard channels into its on and off-ramps.In recent weeks, the company introduced new payment options, linking in with Single Euro Payments Area (SEPA) Instant in Europe and the Faster Payments platform in the United Kingdom. Alchemy Pay also struck up a deal with self-custody crypto wallet Trust Wallet. It meant that Trust Wallet’s 70 million users could execute crypto transactions directly with fiat payments.Back in May, the payments gateway announced the provision of a rupee-denominated on-ramp via India’s UPI real-time payments system. Worldpay integrationsWorldpay, owned by Fidelity National Information Services (FIS), has been actively integrating with Web3 technologies. In July 2021, the firm partnered with OKCoin to provide infrastructure for the exchange’s fiat-to-crypto onboarding.Additionally, in October 2022, the digital asset custody platform Fireblocks launched a new payment engine for merchants, with Worldpay serving as one of the pilot partners alongside Checkout.com.

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.