NFT Seoul Conference 2023 to Picture the Future of Digital Innovation

In Malaysia local regulator the Securities Commission has ordered global crypto exchange platform Bybit to shut down its operations within Malaysia as part of enforcement actions being taken by the regulator against the company.Photo by Esmonde Yong on UnsplashOperating without registration The Securities Commission published a statement to its website late last week outlining that both Bybit and its CEO Ben Zhou had been reprimanded for carrying out digital asset trading activities in Malaysia without having completed the necessary registration. The regulator also pointed out that both Zhou and his company have been listed on its Investor Alert List since July 2021. The Securities Commission took the opportunity to remind investors that they should only deal with what it termed “Recognized Market Operators” (RMOs), a designation it applies to entities that have completed registration with the regulator. Investors who utilize unregistered platforms are not extended any form of protection under Malaysian securities law, the Securities Commission warned, adding that such platforms could put them at risk of fraud and implicate them in money laundering activity potentially. Enforcement actions Bybit has been directed by the regulator to disable its website and mobile applications that are currently targeting Malaysian investors within 14 business days from Dec. 11.  The regulator also wants the company to curb other forms of promotion aimed at Malaysian investors. With that, it has requested that the company take down its Telegram-based support channel for Malaysian customers. Advertising activity, including social media posts, must also cease in cases where such activity is aimed at Malaysian investors. The Securities Commission acknowledged that thus far, Bybit has been compliant with its latest enforcement requests. Intentions to secure licensing Bybit has responded to these developments on its Bybit Malaysia Telegram channel, stating that the company understands that these actions “may cause some inconvenience” to Malaysian customers. “Once we have secured the appropriate licenses, we look forward to reconnecting with you again in the future,” it added. The enforcement action is likely to be a setback for Bybit given that the firm appeared to be focusing on the Malaysian market of late. In June it emerged that the company was moving to relocate Chinese employees to both Malaysia and Dubai.  This is not the first occasion in which Malaysia’s Securities Commission has taken action against a crypto platform. In 2023 the commission ordered the closure of the Malaysian operations of global exchange Huobi (subsequently rebranded as HTX). The circumstances in that instance were similar in that it acted against the exchange and its CEO for operating illegally within the Malaysian market. Within the Malaysian market, only six trading platforms have been registered. These include Hata Digital, Luno, MX Global, Sinegy, Tokenize Technology and Torum International. Earlier the Securities Commission acted similarly in prohibiting Atomic Wallet from operating within Malaysia given its failure to register its digital asset exchange activities. 

HashKey Group, the Hong Kong-based regulated cryptocurrency exchange, is planning a partnership with crypto derivatives platform OKX.Photo by Ivan Lau on UnsplashAdvancing innovation and growthThe duo announced their plans via a press release which was published on Tuesday. The objective of the partnership is aimed at advancing compliant virtual asset innovation and industry growth in Hong Kong. The collaboration between HashKey Group and OKX capitalizes on the strengths and resources of both entities to elevate services and experiences. Harnessing these strengths the pair intend to contribute towards Hong Kong's emergence as a hub for the regulated virtual asset industry. The partnership will encompass various industry initiatives, including blockchain infrastructure development, product diversification and virtual asset investment education within the region. First regulated exchangeNotably, HashKey Group achieved a significant milestone last year by becoming the first Hong Kong Securities and Futures Commission (SFC)-regulated crypto exchange authorized to serve retail users. The firm secured Type 1 and Type 7 licenses from the SFC, in line with the  "compliance first” approach the company is taking. Founded in 2018 and headquartered in Hong Kong, with operations in Singapore and Tokyo, HashKey Group caters to a diverse clientele, including retail investors, institutions, family offices, funds and professional investors. The services offered by the company encompass a Hong Kong SFC-regulated virtual asset exchange, global asset management and wealth management, with a focus on blockchain and digital assets, blockchain node validation, tokenization and Web3 incubation and community operations. Its Singaporean subsidiary, digital asset fund manager HashKey Capital, secured a regulatory license from the Monetary Authority of Singapore (MAS) in December. Unicorn statusOKX Ventures, the investment division of OKX, played a crucial role in supporting HashKey's Series A financing. That Series A funding round saw HashKey achieve unicorn status with a $1.2 billion valuation earlier this month. OKX Ventures focuses on investing in projects that nurture sustainable growth within the global virtual asset ecosystem. OKX, already serving over 50 million users worldwide, has a notable presence with sponsorships that include Manchester City FC in the English Premier League (EPL) and the McLaren Formula 1 racing team. Earlier this month, the company expanded its sponsorship with McLaren. The digital asset exchange began onboarding customers in Hong Kong a month before officially launching operations there, aligning with the city's new virtual asset service providers (VASPs) regime implemented on June 1 of last year. In March 2023, OKX established a Hong Kong entity to launch virtual asset services, with plans to apply for the virtual asset service provider (VASP) license and Type 1 & 7 licenses under the Securities and Futures Ordinance. Approval is anticipated by early 2024. The collaborative effort between HashKey Group and OKX marks a significant stride in advancing compliant virtual asset innovations in Hong Kong. This partnership aims to enhance service offerings and customer experiences, further solidifying Hong Kong's position as a regulated virtual asset industry hub. By leveraging their respective strengths, these industry leaders are well placed to assist in elevating Hong Kong's standing in the global virtual asset landscape, fostering growth and compliance in this rapidly evolving sector.  

In the ongoing legal tussle over cryptocurrency assets, the High Court of Singapore has rejected a plea by the bankrupt crypto hedge fund Three Arrows Capital (3AC) to dismiss a lawsuit filed by Arthur Cheong, the founder of Web3 investment firm DeFiance Capital. This ruling represents a pivotal moment in the $140 million dispute, shedding light on the ownership and control of assets, while building upon DeFiance Capital’s previous success back in August of last year in having its preference for jurisdiction in Singapore endorsed.Photo by Tingey Injury Law Firm on UnsplashRecognizing assets held in trustOn Jan. 26, a Singapore judge ruled against 3AC's request to have Cheong’s claim thrown out, stating that DeFiance Capital has adequately demonstrated the existence of a Singapore-based trust safeguarding its assets. This revelation could potentially shield DeFiance Capital from 3AC's liquidators, marking a crucial juncture in the legal battle. The dispute traces back to an agreement where Cheong was set to launch an independent fund on the 3AC Group platform, with ownership and control vested in DeFiance Capital. This fund, leveraging 3AC's infrastructure, faced disagreements over the transfer of certain assets, whose undisclosed value became a point of contention in court documents. The downfall of the $10 billion 3AC hedge fund, responsible for the "Super Cycle" thesis predicting perpetual crypto price increases, had widespread repercussions in the crypto industry. DeFiance Capital bore the brunt of this collapse and the recent court ruling brings the firm closer to resolving the aftermath favorably. The ongoing argument holds strategic importance for DeFiance Capital, as the investment firm challenges any legal obligation for its shareholders to compensate 3AC creditors. "Wassielawyer," a pseudonymous restructuring attorney advising DeFiance Capital's founder Arthur Cheong, highlighted the significance of this stance on social media. Positive signThe judge's acknowledgment of the trust, while not conclusive, is viewed as a positive sign for DeFiance Capital. In a series of posts on the X social media platform, Wassielawyer outlined on Thursday that he sees this as "much-needed vindication" for Cheong, signaling a potential turn in favor of the investment firm. Wassielawyer emphasized that DeFiance Capital merely utilized 3AC's legal structure, without commingling operations. This distinction becomes crucial as carefully drafted legal documents form the basis for 3AC creditors attempting to seize DeFiance Capital funds. The restructuring professional added:”[DeFiance Capital] have on the basis of the substantive facts, ran an argument that the assets of DCs should not be used to pay back 3AC creditors. This eventuality would be manifestly unjust, enriching the creditors of 3AC at the expense of innocent DC investors.” Once a major player in the crypto hedge fund arena, 3AC's demise resulted from exposure to Terra, staked Ethereum and Grayscale's Bitcoin Trust. The bankruptcy filing on June 30, 2022, marked the end of an era for the once-mighty fund. Established in 2020, DeFiance Capital specializes in crypto investments, focusing on decentralized finance and GameFi. It has supported projects such as dYdX, Aave and Lido. This decision establishes a precedent for similar cases, particularly in jurisdictions like Singapore, emerging as pivotal hubs for cryptocurrency and blockchain-related activities. The outcome holds implications for how such legal disputes will be handled in the future, shaping the landscape of crypto-related legal proceedings.