Japan to bring crypto under securities oversight amid rising demand

Dubai Regulator Hits OPNX With $2.7M PenaltyCrypto bankruptcy claims trading platform OPNX and its founders have been hit with a hefty fine, imposed by Dubai’s Virtual Assets Regulatory Authority (VARA). The penalty, amounting to AED 10 million ($2.7 million), was levied on the newly established exchange in accordance with a notice published by the regulator on Wednesday.Photo by Agnieszka Stankiewicz on UnsplashPayment outstandingVARA’s recent announcement highlighted that the fine had been imposed in May and remains outstanding. The regulatory body disclosed that individual fines of AED 200,000 ($54,451) each were imposed on Su Zhu and Kyle Davies, the controversial founders of failed Singapore-based crypto hedge fund, Three Arrows Capital (3AC). Additionally, fines were also imposed on two other co-founders of OPNX. The penalties were attributed to failures in adhering to regulations governing marketing, advertising, and promotions.OPNX, established earlier this year by Su Zhu and Kyle Davies in collaboration with Mark Lamb and Sudhu Arumugam, positioned itself as a trading platform for crypto claims following the collapse of their Three Arrows Capital (3AC) fund last summer. The duo has since made Dubai their primary operational base.Further action“In light of the company’s unpaid fine, VARA shall determine consequential actions warranted against OPNX, which may include further fines, penalties, and/or taking any actions necessary to recover payment and definitively remedy the behavior,” stated VARA in an official statement.Dubai is making a concerted effort to nurture the development of crypto-related business, implementing various initiatives in order to bring that about. However, as part of that strategy, Dubai’s regulatory landscape for cryptocurrencies has taken a more stringent turn this year, with the introduction of a new regulatory framework mandating that companies catering to retail investors must secure full licensing from VARA.Concerns arose in February when regulatory authorities discovered that OPNX was actively seeking customers for its platform and collecting personal data without proper authorization.Formal reprimandsIn April VARA issued an investor alert, outlining that OPNX was not a regulated entity although it was operating from Dubai. Shortly afterwards, formal reprimands followed for the two 3AC founders, alongside Mark Lamb, Sudhu Arumugam, and OPNX’s CEO Leslie Lamb.Leslie Lamb, in a previous interview with Bloomberg, emphasized that OPNX had not actively marketed itself toward Dubai or the broader UAE market. She stressed the company’s full cooperation with VARA’s ongoing investigation, asserting that no regulatory guidelines had been breached.“While Kyle and I contributed the initial ideas for OPNX, Leslie is very much the CEO, and we aren’t involved in day-to-day operations,” stated Su Zhu, clarifying their roles.Despite the regulatory setback, both Su Zhu and Kyle Davies continued to promote OPNX on the X platform (formerly known as Twitter).It emerged recently that the claims trading platform has been eyeing the acquisition of failed crypto lender Hodlnaut, which is currently undergoing court-supervised restructuring in Singapore. Zhu and Davies have come in for a lot of criticism within the crypto sector, having left a long list of unpaid creditors as a consequence of the failure of 3AC. The duo recently suggested that they would contribute profits from OPNX to 3AC creditors despite the fact that they have been uncooperative with the 3AC bankruptcy process.

NH Bank announced today that Korean banks and fractional investing companies have teamed up to establish a consortium with the aim of building an ecosystem for security tokens. Consortium between banks and fractional investorsThe consortium comprises NH Bank, Suhyup Bank, and Jeonbuk Bank as well as six fractional investing companies, including Seoul Auction Blue, Tessa, and Galaxia Moneytree.The banking sector will contribute to the security token industry by building infrastructure for distributed ledger technology, conducting research on promoting security tokens, and bolstering investor protection. Korean banks’ crypto initiativesNH Bank has been in partnership with domestic Korean crypto exchanges Bithumb and Korbit to provide them with real-name registered bank accounts, demonstrating continued interest in crypto services. Under current law, crypto exchanges in Korea are obliged to hold real-name bank accounts if they want to provide Korean won trading services.This move led by NH Bank shows that traditional banks, which have been more conservative compared to securities companies, are actively striving to secure a position in the security token market.

SEC Opposes Motion to Dismiss Terraform Labs LawsuitLawyers representing the United States Securities and Exchange Commission (SEC) have responded to a motion to dismiss the lawsuit filed by Dentons, the lawyers representing Singapore-based Terraform Labs and its Founder Do Kwon.Photo by Miguel Á. Padriñán on PexelsCourt filingAccording to its arguments, set out in a court filing lodged to the District Court of the Southern District of New York on Thursday, the SEC’s counsel claims that the additional documents provided by Dentons lack sufficient grounds for dismissing the case.It claims that the internal SEC emails presented by Dentons are irrelevant to the current lawsuit. The SEC asserts that the parameters of an “investment contract” are clearly defined by the Howey test and argue that TerraUSD ($UST) should be classified as a security.The reliance by US regulators on the Howey test, a legal test case that implicated citrus grove contracts that date back to 1946, has proven to be controversial. Naturally, there could have been no consideration of the digital innovation that digital assets present today almost eighty years ago. Notwithstanding that, the SEC maintains that the principle factors of what constitutes an investment contract are covered by the case regardless.During the court hearing held on June 15, Dentons submitted supplementary documents to strengthen their motion to dismiss the lawsuit. The primary focus of the hearing was to determine whether the digital assets developed by Terraform Labs should be categorized as securities based on the criteria of an “investment contract.”Dentons maintains that the algorithmic stablecoin, $UST, should not be considered a security and emphasizes its practical purpose rather than its classification as an investment contract. To support their motion, Dentons included additional documents such as the US House Financial Services Committee hearing on digital asset regulation and stablecoin issuance, the SEC’s request for a restraining order against Binance.US, and the Hinman emails from the SEC vs. Ripple lawsuit.Judge to decideThe defense lawyers highlighted what they perceive as a “regulatory gap” in classifying crypto assets as securities, particularly as the US Congress engages in discussions about regulatory frameworks for digital assets and stablecoin issuance. Furthermore, they argued that the SEC is exceeding the scope of securities laws and relying on internal emails related to “investment contracts” to determine the security status.A decision on the motion to dismiss will be arrived at by July 14. Judge Jed Rakoff, who is presiding over the case, will be responsible for that, once he’s weighed up the merits of the arguments presented by both parties.It is noteworthy that Dentons has previously represented Kwon in challenging the US SEC’s subpoena during the investigation of the Mirror Protocol in 2021, as well as in a class-action lawsuit in the Singapore High Court in 2022. The law firm also provides representation to Terraform Labs in other legal matters.In a separate development, the Basic Court in Podgorica, Montenegro, has granted bail for Kwon and former Terra Chief Technology Officer Han Chang-joon. However, Kwon has recently been taken into custody for extradition in Montenegro while the court deliberates on South Korea’s extradition request for the Terra founder.As the legal proceedings continue, the outcome of the motion to dismiss will have significant implications for the ongoing dispute between Terraform Labs, Do Kwon, and the SEC.