Artifact Labs Raises $3.25M

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.

Hyosung TNS and APoT Join Hands to Promote NFT Portal ServiceSouth Korean IT infrastructure and financial solutions provider Hyosung TNS announced that it is teaming up with APoT Platforms, a company specializing in developing blockchains for real-world assets (RWAs), to promote NFTtown — Hyosung TNS’ portal service dedicated to providing information, news, and educational content on NFTs.Photo by Andrey Metelev on UnsplashBringing real-world assets to blockchainAPoT Platforms is equipped with technology that is able to embed data on RWAs, such as artwork and luxury goods, thereby connecting them to the blockchain. The company also maintains an extensive network of collaborative relationships with various NFT artist organizations and communities both domestically and abroad.Hyosung TNS plans to bring APoT’s artist network to NFTtown, allowing users to easily access information regarding NFT artists and their works.The two companies will also work together on other efforts, including introducing NFT artworks, digital product transfers, and events for NFT holders.NFT art exhibitionAs the first step of their collaboration, they plan to exhibit and sell works by renowned NFT artists such as Han Kwang-suk, Quiet Eye, and HAN (Han Sun-ok) this month at the Lotte Department Store Ilsan’s Spazio We;R Gallery.

Bithumb records declining performance in Q3 amid market challenges and interest rate hikesBithumb Korea, the operator of the South Korean cryptocurrency exchange Bithumb, reported an on-year decline in performance compared to last year, driven by deteriorating market conditions. According to data from the Korean Financial Supervisory Service on Tuesday (local time), the exchange recorded a net loss of KRW 10.6 billion (approximately $8.1 million) and operating losses of KRW 650 million in Q3. Its revenue amounted to KRW 32.4 billion, a 53% decrease from the same period last year.Photo by Алекс Арцибашев on UnsplashFalling figuresBithumb had recorded KRW 28.8 billion and KRW 32.6 billion in operating and net profits, respectively, in Q3 last year, but both of these figures turned into a deficit for the same period this year.This worsened performance can be attributed to weakened investor sentiment amid the U.S. Federal Reserve’s ongoing interest rate hikes and a decrease in trading volumes.However, just last month, these conditions have begun drastically improving as excitement mounts for the potential approval of a spot bitcoin exchange-traded fund (ETF).Murky futureNevertheless, concerns about Bithumb’s profitability in Q4 are arising following the exchange’s zero trading fee policy that it implemented last month in a bid to regain its market share, especially because the primary source of revenue for crypto exchanges is trading fees. Bithumb had previously charged trading fees of between 0.04% and 0.25%.“We will do our best to enhance the competitiveness of our services to boost our market share,” Bithumb said. “At the same time, we will enhance the transparency of our operations through efforts such as our recent preparations for an initial public offering (IPO) and improvements in corporate governance.”The exchange’s upcoming IPO is part of efforts to be listed on Korea’s KOSDAQ stock exchange by 2025, which would make it the first virtual asset company to do so. It had previously considered preparing for an IPO in 2020 but suspended plans due to a lack of clear regulations for virtual assets. But with the upcoming Virtual Asset User Protection Bill set to take effect next July, Bithumb decided that the current regulatory landscape would be conducive to an IPO.Should it take effect, this IPO is also expected to pose a challenge to Upbit, which currently holds over 80% of the country’s market share. However, there is still a considerable amount of uncertainty shrouding this development, as financial authorities are maintaining a wary stance towards virtual assets.