Top

Thailand’s SEC takes legal action against former Zipmex CEO

Policy & Regulation·February 10, 2024, 4:15 AM

The Securities and Exchange Commission (SEC) of Thailand has initiated legal proceedings against Akarlap Yimwilai, the former director and CEO of Zipmex Thailand.

 

Failure to disclose vital information

The Commission set out its allegations against Yimwilai in a statement published to its website on Thursday. The allegations revolve around Yimwilai's purported failure to disclose vital information during his tenure, resulting in financial losses for Zipmex customers.

 

According to the SEC's investigation, Yimwilai allegedly transferred cryptocurrency from Zipmex Thailand's wallets to overseas digital wallets without prior disclosure to customers.

https://asset.coinness.com/en/news/8936df6db4c4177be77e6184e2815d41.webp
Photo by Olivier Darny on Pexels 

Unauthorized digital asset movements

The SEC's findings indicate that customer assets held in Zipmex Thailand's Z Wallet were moved into overseas digital wallets before any official announcement regarding changes in terms and conditions. This conduct, the regulator asserts, contradicts the information provided by Zipmex Thailand, constituting fraudulent misrepresentation. Yimwilai served as CEO of Zipmex Thailand from August 2018 to November 2023, as per his LinkedIn profile.

 

This deceptive action misled users regarding the security of their assets, the SEC claims, prompting the Commission to charge him with violating Section 82 of the Digital Asset Business Operation Act B.E. 2561.

 

The SEC's accusations extend to Zipmex Thailand's submission of inaccurate reports on customer assets and violations of regulatory requirements. The regulator contends that the reports submitted by Zipmex Thailand were inconsistent with independently verified information.

 

Inviting further legal action

In response to these allegations, the SEC has forwarded charges against Yimwilai to the Office of the Public Prosecutor (OPP) for further legal proceedings. The SEC has also filed a formal complaint against Yimwilai with the Office of the Provincial Crime Suppression Division, indicating a pursuit of additional legal action. The determination or otherwise of legal liability will be a pivotal step in this process, emphasized by the SEC.

 

Zipmex Thailand, a subsidiary of Singapore-based Zipmex under the leadership of Marcus Lim, obtained approval to operate from the Ministry of Finance and SEC in 2020. The company reportedly came under scrutiny from financial regulators over its acquisition by V Ventures in 2023.  V Ventures backed out of the $100 million buyout of the company last year, which would have included the return of customer deposits. It claimed that Zipmex had not lived up to the terms of the buyout contract.

On Feb. 2, the Thai SEC directed Zipmex to temporarily suspend its digital asset trading and brokerage services, granting the firm a 15-day period to adhere to regulatory guidelines.

 

Earlier reports had highlighted Zipmex's application for court protection amidst a wave of bankruptcies among crypto lenders. In November 2023, Zipmex proposed a restructuring plan to reimburse creditors at $0.30 on the dollar, encountering resistance from key stakeholders. The initial offer stood at three cents on the dollar, with the potential to increase to 30 cents in the event of optimized capital recovery.

More to Read
View All
Web3 & Enterprise·

Sep 08, 2023

Yes24 Teams Up with KPC to Establish Digital Content Distribution Ecosystem

Yes24 Teams Up with KPC to Establish Digital Content Distribution EcosystemSouth Korean culture and arts content platform Yes24 announced on Thursday that it has signed a business agreement with digital content aggregator Korea Publishing Contents (KPC) to build a digital content distribution ecosystem based on blockchain technology to protect the rights of copyright holders and users alike.Photo by Hal Gatewood on UnsplashYes24 CEO Choi Sera and KPC CEO Lee Joong-ho attended the signing ceremony for the agreement last Tuesday.Collaboration on multiple frontsUnder the new partnership, both parties plan to explore various business models and collaborate on marketing efforts to establish and operate the digital content ecosystem. They also intend to cooperate by leveraging their human resources, technological capabilities, and market networks.“We will do our best to create a secure and fair digital content distribution environment that both protects and grants more rights to copyright holders and users,” Yes24 said in a statement, adding that it would also strive to contribute to the acceleration of the digital content market.Fueling creativity and content consumptionAs a major online book retailer, Yes24 provides a range of services, which include selling books as well as tickets for various concerts and events. KPC is a joint venture established by 65 Korean publishers with the collective aim of discovering sustainable growth drivers for the publishing industry. Currently, the company distributes over 1,000 e-books and audiobooks from various publishers to local and international e-book stores and libraries.

news
Policy & Regulation·

Aug 17, 2023

DeFiance Capital Secures Interim Victory in Dispute With 3AC

DeFiance Capital Secures Interim Victory in Dispute With 3ACSingapore’s DeFiance Capital, a Web3 and crypto investment firm, has notched up a small triumph in its ongoing $140 million legal clash with failed Singaporean crypto hedge fund, Three Arrows Capital (3AC).Photo by Sasun Bughdaryan on UnsplashFavorable rulingAccording to a statement provided via a Medium blog post by DeFiance Capital Founder and CEO Arthur Cheong on Tuesday, the High Court of Singapore has delivered a favorable ruling for the firm, endorsing its preference for jurisdiction in Singapore, rather than the British Virgin Islands, which had been advocated by 3AC.The tussle between 3AC and DeFiance Capital centers around the ownership of certain assets. The liquidators appointed by the British Virgin Islands Court, from Teneo, assert that these assets essentially belong to 3AC’s creditors. However, DeFiance Capital argues vehemently that these assets must be partitioned and returned to its stakeholders.Struggle over assets and jurisdictionAt the heart of the matter are assets totaling $115 million, encompassing digital currencies and non-fungible tokens (NFTs), which currently remain under the control of DeFiance Capital. Additionally, there are 69 SAFE (simple agreement for future equity)/SAFT (simple agreement for future tokens) agreements linked to 3AC. Although Teneo places the collective worth of these assets at roughly $141 million, DeFiance Capital’s estimation is more conservative, pegging it at around $120 million.Beyond asset ownership, jurisdiction has become a pivotal point of contention in the legal discourse. DeFiance Capital has steadfastly advocated for legal proceedings to take place in Singapore, where it operates, as opposed to the British Virgin Islands. The recent ruling from the High Court of Singapore lends support to this stance, challenging Teneo’s argument.DeFiance articulated its position, asserting: “Our position was that all the important witnesses and documents are in Singapore and the dispute ought to be heard by the Singapore Courts to ensure all relevant evidence would be available.”With the court’s decision aligning with DeFiance’s jurisdictional preference, the firm hopes that this development will pave the way for more substantive engagement between the parties, rather than being embroiled in procedural wrangling. The firm believes that this will allow the focus to shift towards addressing the core issues at hand.Business riftThe genesis of this legal saga dates back to 2020 when DeFiance was established as part of the 3AC group, operating autonomously under the stewardship of its founder, Arthur Cheong. The rift escalated in February 2022, when Cheong declined 3AC’s proposal to relocate to Dubai, eventually leading to the formation of two Singapore-based firms in May of that year.Furthermore, in the same month, DeFiance extended a loan of $35 million worth of USDC to 3AC, effectively becoming a creditor. Complications arose when 3AC’s founders transferred legal rights related to DeFiance Capital, a transaction that remained incomplete as 3AC filed for bankruptcy.In light of the ongoing dispute, 3AC asserted that DeFiance’s assets should be harnessed to settle its debts. However, DeFiance firmly stood its ground, upholding its ownership claims over the assets.With liquidators advocating for resolution in the British Virgin Islands — a move that DeFiance rejected due to its Singaporean management ties with 3AC — the stage was set for the legal clash that has now taken a notable turn with this recent court ruling.

news
Markets·

Jun 27, 2023

Huobi Delists USDD Stablecoin Pairs

Huobi Delists USDD Stablecoin PairsHuobi Global, the Seychelles-headquartered cryptocurrency exchange, has made the decision to delist ten trading pairs, primarily involving tokens used in transactions with the USDD stablecoin issued by the TRON DAO Reserve.That’s according to an announcement published to Huobi’s website on Monday. These tokens are supported by TRON founder Justin Sun, who also acts as an advisor to Huobi. The delisting, effective from June 29, will impact several tokens, including the Cardano blockchain token ADA, Solana’s SOL, ApeCoin’s native token APE, MATIC from Polygon, FIL from Filecoin, and ETC from Ethereum Classic.Photo by Napendra Singh on UnsplashUnregistered securitiesAll of these tokens were offered on the Houbi platform in pairs with USDD. Additionally, trading pairs involving ARPA, GAS, QTUM, and ZKS with Bitcoin will also be removed from the platform. Huobi stated that these changes are aimed at providing users with an improved trading experience.Originating from China, Huobi has played a significant role in spot and derivatives trading for digital assets. The decision to delist these tokens follows their classification as unregistered securities in recent lawsuits by the US Securities and Exchange Commission against Binance and Coinbase. Prior to Huobi, Robinhood and eToro had already removed some of these tokens from their platforms.Stablecoins are designed to maintain a stable value by pegging them to less volatile assets like the US dollar. They achieve this by holding equivalent reserves of cash and cash-equivalent assets as collateral. Stablecoins are widely used by traders for transferring funds between exchanges and as a hedge against price volatility. This makes them some of the most heavily-traded tokens in the crypto space.USDD stabilityUSDD, the stablecoin at the center of this delisting, currently ranks as the eighth largest stablecoin by market capitalization, with approximately $750 million. Huobi is the primary exchange for buying and trading USDD, according to CoinGecko, a crypto market data provider. USDD is backed by various digital assets such as Bitcoin, Ether, and TRX, and it is issued by the TRON DAO Reserve. The TRON DAO Reserve operates as a decentralized autonomous organization (DAO), utilizing blockchain technology to automate voting and transaction processes.USDD is an algorithmic stablecoin, with the assets held in backing the coin over-collateralized to a level of 170%. Despite this, the stablecoin has had issues in maintaining its US dollar peg from time to time. The issue has been that the token is partly backed by the TRX token, the native token of the TRON ecosystem. If TRX backing is discounted, the stablecoin is only 49% backed.Reports indicate that Sun acquired a controlling stake in Huobi through a Hong Kong-based asset manager, reportedly paying around $1 billion in November. However, Sun hasn’t provided any details of any such ownership stake.Huobi’s decision to delist these trading pairs reflects the evolving regulatory landscape and the need for exchanges to ensure compliance with securities regulations. By removing tokens that have faced legal scrutiny, Huobi aims to maintain a robust and compliant trading environment for its users.

news
Loading