OSL set to acquire Indonesia’s Evergreen Crest

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.

The Abu Dhabi Agriculture and Food Safety Authority has announced a ban on cryptocurrency mining on farms, addressing concerns over the misuse of agricultural land.Photo by Kamil Rogalinski on UnsplashClaims of farm misuseAccording to the Khaleej Times, the Authority has informed UAE farmers that their lands are not to be used for Bitcoin and crypto mining. This activity is deemed a “misuse of the farm for purposes other than its intended use.” The new regulation aims to preserve the primary agricultural function of these lands and imposes penalties of up to 10,000 United Arab Emirates Dirhams (approximately $2,722) for violations. Cryptocurrency mining requires significant computational power and electricity, which conflicts with the farms’ intended agricultural use.  Broader support for miningDespite this specific restriction, the United Arab Emirates (UAE) maintains a supportive stance towards cryptocurrency and cryptocurrency mining beyond a farm setting. In 2023, the country emerged as a notable player in the global Bitcoin mining industry, with a combined mining capacity of around 400 megawatts, contributing approximately 4% of the global Bitcoin hash rate. It’s proven to be a popular place in which to locate a mining facility as the country has a robust infrastructure. Stable power is essential in order for miners to be able to run their machines in a sustainable manner. Additionally, the government has generally been supportive of the activity, fostering a conducive environment for both crypto and Bitcoin mining and blockchain technology more generally. Furthermore, the country occupies a strategic location at the crossroads of major trade routes. Regulatory clarity has also been provided by the authorities in the UAE with regard to how crypto mining activity is to be carried out. While this latest move against mining within a farm setting is a restriction, it still feeds into that overall framework of regulatory clarity and certainty. Attracting mining firmsGiven the aforementioned reasons in support of mining in the UAE, the Middle Eastern country continues to attract cryptocurrency mining firms.  In December of last year, a Dubai-headquartered Bitcoin mining company, Phoenix Group, struck a $380 million deal with Chinese mining equipment manufacturer MicroBT. That same month, the company was listed on the Abu Dhabi Securities Exchange (ADX). In May 2023, Abu Dhabi-based digital assets development company Zero Two entered into a partnership with North American crypto miner Marathon Digital with a view towards developing the region’s first large-scale crypto mining facility. Beyond mining, the location is also proving popular for crypto firms more generally. In May 2023, Chainalysis, a leading blockchain analytics company, established its regional headquarters in Dubai. Similarly, Blockdaemon, a provider of institutional infrastructure, expanded its operations in Abu Dhabi, facilitated by the Abu Dhabi Global Market (ADGM), a key financial regulator. Speaking at the Dubai FinTech Summit recently, Reece Merrick, Managing Director of enterprise blockchain company Ripple for the Middle East and North Africa (MENA) region, said that “the UAE has done a remarkable job in really putting itself in a position to be the global crypto hub.”

Busan City Aims to Cultivate Growth in Blockchain and Fintech IndustriesThe South Korean Ministry of SMEs and Startups (MSS) convened a meeting at the Korea Technology Finance Corporation today to address issues related to emerging industries, including blockchain and fintech, and devise strategies for their growth in Busan, a city rapidly establishing itself as a global hub. That’s according to a report by local news media News1.Photo by Minku Kang on UnsplashBlockchain, fintech, and hydrogenThe meeting saw the presence of MSS Minister Lee Young, Lawmaker Park Soo-young, Busan government officials, and university representatives. Local business leaders specializing in blockchain, fintech, and hydrogen also attended to provide their opinions.During the meeting, two presentations were delivered, each focusing on key policies. The first presentation outlined Busan’s strategic initiatives aimed at bolstering the finance and hydrogen sectors. The second presentation detailed the plans of the MSS’ Busan branch to support innovative enterprises.Following the presentations, local businesses put forth additional ideas pertaining to the policies. Minister Lee presided over a 100-minute discussion, facilitating an in-depth exploration of these ideas and extracting valuable insights. The proposed ideas encompassed mid-to-long-term strategies aimed at strengthening the connections between innovative firms, streamlining inspection standards for hydrogen containers, and promoting systematic research and development to address the sluggish adoption of new services in the fintech industry.Government’s visionExpressing the government’s commitment, MSS Minister Lee stated that up to ten global innovation clusters will be established across the nation by 2027, accompanied by expanded R&D support for new technologies. She called upon local governments and businesses to collaborate and spearhead innovation in the region.Meanwhile, in February, the MSS implemented a regulatory forecasting system to provide small businesses with advance notice of forthcoming regulations and gather their opinions for consideration. Additionally, the MSS intends to select two municipalities outside of the Seoul metropolitan area by October to enable businesses to drive innovation with minimal regulatory barriers.Busan’s blockchain driveBusan has been actively promoting blockchain initiatives through various events. An example of such an event, as reported by local news outlet Erounnet, is an upcoming three-day educational program on blockchain technology, organized by the Busan Creative Economy Innovation Center. The program will take place from July 25 to 28, followed by another event scheduled for September.