Hong Kong releases ‘LEAP’ framework for digital assets

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.

South Korean gaming publisher Wemade’s layer 1 blockchain WEMIX has announced the listing of stWEMIX — the tokenized form of staked WEMIX — on the global cryptocurrency exchange BitMart, according to an official announcement on WEMIX’s Medium page last Saturday. stWEMIX acts as a liquidity token of the native coin WEMIX that allows users to participate in trading, yield farming and borrowing.Photo by Maxim Hopman on UnsplashBitMart’s servicesEstablished in 2018, BitMart offers services like futures contracts and different types of trading, including currency, over-the-counter, decentralized and network-wide trading. The token was listed for trading on the exchange last Friday at 10 a.m. (UTC) and is currently priced at $3.48 as of this writing. Exclusive eventsThe exchange said that it is independently holding several events with the help of the WEMIX Foundation until Jan. 4 to celebrate the listing. This includes rewards in the form of stWEMIX, which will be distributed to new and existing users alike on BitMart who deposit or buy at least 100 USDT of stWEMIX. 50 users who record highest stWEMIX trading volume during the event period and those who participate in stWEMIX Fixed Savings will also receive rewards. BitMart’s Fixed Savings subscription is a system that pays interest on cryptocurrencies that are deposited during a designated period ranging from a week to one month. Users can redeem their funds only after the period is over, and both the principal and interest are paid to their spot wallets without extra fees.

South Korea is set to allow initial coin offerings (ICOs) next year, easing a ban on crypto fundraising that has been in place since 2017. A draft of the Digital Asset Basic Act, prepared by the Financial Services Commission, would allow domestic sales of digital assets if issuers meet disclosure requirements, the Maeil Business Newspaper reported. The measure is intended to address concerns about tokens that are initially listed on overseas exchanges before becoming available to South Korean investors. The legislation outlines tougher accountability standards for crypto issuers. Projects that provide false information or fail to disclose material details in their whitepapers ahead of an ICO could be held liable for investor losses. Liability would also extend to other parties substantially involved in an offering, including outsourced operators and market makers.Photo by Y K on UnsplashStablecoin issuers need Korean presenceSeparate provisions set out rules for stablecoins, barring tokens issued by entities without a physical presence in South Korea from domestic trading, a restriction that would apply to widely used stablecoins such as USDT and USDC. Issuers would be required to fully back stablecoins with reserves such as cash or government bonds held at banks or financial institutions and would be prohibited from paying interest to users. The proposal reflected the FSC’s position on the second phase of digital asset legislation focused on stablecoin issuers. The issue remains subject to inter-institutional debate, with the Bank of Korea pressing for a bank-led consortium model for stablecoin issuance. The ruling Democratic Party of Korea (DPK) is expected to review a consolidated bill combining proposals from the government and the National Assembly next month, with plans to advance the legislation during the regular parliamentary session in the first quarter of 2026. The FSC’s focus on consumer protection is also reflected in its plans to introduce a Digital Finance Security Act, detailed in a recent report to the presidential office. According to Digital Asset, the proposed legislation would establish rules for traditional financial institutions as well as electronic financial businesses and virtual asset service providers. The move came after a 44.5 billion won ($30 million) hacking incident last month at Upbit, the country’s largest crypto exchange. Existing regulations under the Virtual Asset User Protection Act do not contain provisions specifically covering such cases. Separately, the FSC is working to strengthen its response to emerging forms of financial crime, including transnational offenses and crypto-enabled money laundering. It said measures under consideration included adding state-level criminal organizations to the list of entities barred from financial transactions, improving anti-money-laundering (AML) rules to better align with international standards, and expanding the scope of the travel rule. On the supervisory side, the commission intends to make the Virtual Asset Division a permanent unit after initially establishing it as a temporary body, News1 reported. The Virtual Asset Inspection Division within the Financial Intelligence Unit is also set to become a standing unit. Price declines weigh on exchangesThe stepped-up regulatory focus has coincided with a broader downturn in the crypto market. Bitcoin is trading below $89,000, about 30% below its all-time high of $126,000 set earlier in October. CoinGecko data cited by IT Chosun showed average daily trading volume across South Korean exchanges falling to $2.95 billion in November from $4.41 billion in August, with trading fees accounting for about 98% of exchange revenue. The broader market weakness has also been accompanied by declines in altcoins. South Korean crypto investors attributed the recent drop in altcoin prices to capital flowing into major cryptocurrencies such as Bitcoin and Ethereum. A weekly survey conducted by CoinNess and Cratos showed that 41.7% of the 2,000 respondents cited capital concentration in leading tokens as the primary factor, followed by the growing number of altcoins at 31.6%, their limited practical value at 14.7%, and technical factors such as chart patterns at 12.1%.