Korea to introduce more effective guidelines for crypto listing and delisting

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.

Hana Securities Opens Doors to Fractional Investments in Digital ComicsHana Securities announced yesterday that the South Korean securities company signed a memorandum of understanding (MOU) with digital comic platform Webtoonall. The purpose of this collaboration is to offer investors fractional investment opportunities.Photo by Yulia Matvienko on UnsplashFractional investments in digital comicsThrough the partnership, the two companies are set to open up the avenue for fractional investments in webtoons, a form of digital comics that originated in South Korea. Webtoonall will take the lead in developing and providing a platform for trading these products, while Hana Securities will handle the necessary account management and trust services required for these transactions.IP rights related to webtoonsWebtoonall is engaged in the development and operation of a digital trading platform that specializes in the trading of intellectual property (IP) rights associated with webtoons. Besides webtoons, the company also ventures into various content domains, such as movies and TV series. Furthermore, Webtoonall extends its portfolio by featuring content for experiential exhibitions through augmented reality technology. Moreover, the company is actively involved in the creation of educational solutions that harness the power of webtoons generated with the assistance of artificial intelligence.Film and TV adaptationIm Sang-soo, Vice President of Hana Securities, stated that numerous movies and TV series inspired by webtoons have enjoyed significant success in recent years, driving up interest in webtoons to unprecedented levels. Through this MOU, Hana Securities seeks to open up an opportunity for customers to invest in the works that have long piqued their interest.So far, Hana Securities has been actively establishing partnerships with various companies, including Print Bakery, Itcen, and Danal Entertainment. These collaborations aim to develop fractional investment platforms and security token projects, leveraging a wide range of underlying assets, such as artworks and mobile content.

The South Korean government has begun the process of selling its stake in NXC, the largest shareholder of Nexon, a video game company originally founded in South Korea and now headquartered in Japan. According to the Seoul Economic Daily, which cited industry sources, the Ministry of Economy and Finance began a public sale process on June 30 for its shares in NXC. These shares were received as payment for inheritance tax from the family of Nexon’s late founder, Kim Jung-ju. In February 2023, Kim’s widow, Yoo Jung-hyun—who also serves as chair of the board at NXC—along with other family members, transferred 851,968 NXC shares to the government to settle the inheritance tax liability.Photo by Kelly Sikkema on UnsplashEarlier failed sale attemptsThe government’s latest attempt to sell the shares follows two previous efforts that failed, primarily due to high asking prices at the time. The current estimated value of the shares stands at 4.7 trillion won (approximately $3.47 billion), reflecting a 20% premium over their net value due to the rights associated with company control. However, the shares are expected to sell at a lower price, since acquiring them would not lead to actual control of the company—Kim’s surviving family still holds a majority stake in NXC. Industry insiders view Chinese tech giant Tencent as a strong contender to purchase the shares. However, Tencent recently denied reports from last month that claimed it had approached Kim’s surviving family to discuss a possible acquisition of Nexon. The company had also expressed interest in acquiring Nexon back in 2019 but ultimately did not take part in the bidding process. According to Chosun Ilbo, a Tencent acquisition is being viewed as a possibility, as the Shenzhen-based firm continues efforts to secure overseas intellectual property. One industry source noted that Tencent tends to invest in Korean game developers every three to four years. The source also mentioned that Tencent had approached Korean venture capital analysts specializing in gaming last year to gather information for a potential acquisition shortlist. If Tencent were to purchase all of the government-held NXC shares, it would become the second-largest shareholder in the company. Given its ongoing investments in the Korean gaming sector, the source said it is likely Tencent will participate in the sale process organized by the government. Nexon’s blockchain pushNotably, Nexon has been expanding its presence in the cryptocurrency space. According to data from Bitcoin Treasuries, the company holds 1,717 Bitcoin (BTC), acquired at an average price of $58,226 per coin. Beyond its BTC investment, Nexon is actively exploring blockchain technology through its Web3 IP-expansion project, NEXPACE.  This initiative features the MapleStory Universe ecosystem, along with MapleStory N, a PC-based massively multiplayer online role-playing game (MMORPG) that incorporates blockchain technology. Both projects are powered by the NXPC token. MapleStory was originally developed by Wizet Studio in 2003 and became part of Nexon when the company acquired the studio the following year.