Nomura Subsidiary Achieves In-Principle Approval in Abu Dhabi

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.

Wiziin Earmarks $500K Pre-Seed Funding for Blockchain InvestmentWiziin, a Vietnamese startup specializing in venture investment management, has secured $500,000 in pre-seed funding, which it plans to use to accelerate its efforts in blockchain technology investment.Photo by Peter Nguyen on UnsplashBroad networkAt the heart of Wiziin’s primary objective — to bridge the divide between investors and founders — lies the firm’s blockchain-based platform. The Wiziin platform is specifically tailored to venture investors with a focus on digital assets.Wiziin is headed up by venture capitalist Tien Nguyen and serial entrepreneur Thong Dang. The firm was established in 2020, with a view towards playing a part in what it foresees as a revolution in investment dynamics, particularly within the Asia Pacific (APAC) region. The company’s network encompasses more than 200 investors and an array of over 5,000 raised-fund companies. The company believes that this positions it to become a transformative force in the investment landscape within the region.“The established norms of venture capital funding have long followed conventional methodologies,” commented Thong Dang, Wiziin Co-Founder. “This infusion of funding serves as a catalyst for our ongoing endeavors in emerging blockchain technology, with the ultimate aim of disrupting and revolutionizing the industry. Tokenization of assets and the integration of smart contracts will form the bedrock of our innovative approach to venture capital,” he added.Homerun.clubCentral to Wiziin’s trajectory is the development of an investment platform named “Homerun.club.” This platform is engineered to foster co-investment experiences within blockchain ecosystems for individual investors.Through the elimination of intermediaries, Wiziin is striving to democratize funding access, unleashing global empowerment for entrepreneurs and inviting a more diverse spectrum of investors.The universality of blockchain technology shatters geographical limitations, enabling start-ups like Wiziin to bring investors and entrepreneurs together from every corner of the globe. This holds profound potential for startups and investors situated in expanding markets, and markets that have historically been underserved by conventional approaches to venture capital funding and investment.“While our platform operates within a decentralized framework, the importance of user verification cannot be understated, serving as both a regulatory compliance measure and a safeguard for investor interests,” elaborated Thong Dang.Dang added: “In tandem, we’re actively seeking institutional funding in the upcoming months to further fortify the platform. This strategic step will usher in a collaborative fundraising endeavor between our project and its vibrant community, fostering mutual growth and resounding success.”DAOs and start-up fundingWiziin’s approach is just one element in the ongoing shift towards blockchain-based start-up finance innovation. Many in the crypto space have also put forward DAOs or decentralized autonomous organizations, as an agent for further disruption in this area.DAOs also leverage blockchain technology, and their use can be helpful in cutting conventional venture capital firms out of the enterprise funding process. Furthermore, they can be used to cut through unwieldy regulation relative to start-up funding.With the conventional approach to start-up finance, only accredited investors gain access to early-stage opportunities. Individual investors, regardless of their net worth, can participate in a DAO-based approach to financing. The approach facilitates broader inclusion while having the effect of increasing liquidity as well.

OPNX Enables Margin Trading via oUSDCrypto futures and bankruptcy claims trading exchange OPNX has unveiled a credit currency called “oUSD” for margin trading.The company announced the new currency via a statement to Cointelegraph by OPNX Co-Founder Mark Lamb on Wednesday. The initial phase of oUSD requires users to deposit crypto assets into the exchange to acquire the currency. In the subsequent phase, OPNX plans to enable users to obtain oUSD by depositing crypto into on-chain contracts, allowing for potential “bankruptcy remoteness,” according to Lamb.Photo by Krišjānis Kazaks on UnsplashSolving three problemsThe currency’s litepaper identifies three problems that oUSD aims to solve. Firstly, lenders are hesitant to trust platforms to hold cash loans backed by crypto collateral. Secondly, exchanges and lending platforms are wary of lending cash to margin traders due to the multiple bankruptcies witnessed during the bear market of 2022. Lastly, crypto derivatives traders seek “portfolio margin” to borrow and trade based on their crypto holdings rather than stablecoin holdings.To address these concerns, oUSD is designed as a “credit currency.” It can be obtained at a 1-to-1 ratio with Tether (USDT) or used to measure profit and loss when users utilize Bitcoin or other cryptocurrencies as collateral. Users with negative oUSD balances are subject to an interest rate determined by holders of the platform’s native token, OX. Those with a positive balance can redeem oUSD for USDT.Future plansLamb discussed future plans with Cointelegraph, explaining that users will eventually be able to acquire oUSD by staking cryptocurrencies within smart contracts outside the platform. This mechanism aims to provide bankruptcy remoteness, safeguarding users from potential exchange insolvency.One of the co-founders of OPNX, Kyle Davies, along with Su Zhu, also co-founded the failed hedge fund Three Arrows Capital (3AC), leading to controversy surrounding the exchange. OPNX’s CEO, Leslie Lamb, admonished investors for allegedly misleading the public by disassociating themselves from the exchange. Responding to criticism, Mark Lamb argued that the mistakes made by Davies and Zhu have contributed to improving OPNX as an exchange.Lamb stated: “I think Kyle and Su kind of portrayed the zeitgeist of the last crypto bull market well, and they lost the majority of their net worth, but they are building back, and that’s what I am doing as well, and that’s what everyone should do… just build back.”Appearing on a Twitter Spaces recently, the founders of the bankrupt Singapore-headquartered 3AC said that they are committed to donating future earnings from OPNX to the creditors of the collapsed crypto hedge fund. Goodwill has been largely lacking for the duo following the 3AC collapse yet undeterred, they are putting all their energies behind their new venture, OPNX.OPNX’s launch of oUSD as a credit currency offers potential solutions to the challenges faced by lenders, exchanges, and margin traders in the crypto space. By introducing oUSD, OPNX aims to provide a safer trading environment, provable solvency, and custody on-chain, giving users protection for their assets and promoting trust in the exchange. Trust might be in short supply for the start-up’s founders although there’s no doubt that they have acquired a lot more experience in the wake of the 3AC collapse.