Dunamu Loses Lawsuit Seeking $19M in Corporate Tax Refunds After Venture Status Removal

India’s judiciary turns down plea to formulate a crypto regulatory frameworkThe Indian courts have declined a consideration targeting the establishment of a regulatory framework for cryptocurrency trading, following a plea which had been brought to court by a petitioner.Photo by Naveed Ahmed on UnsplashBeyond the court’s purviewIndia’s Supreme Court, led by Chief Justice Chandrachud, recently confronted a petition urging the establishment of a regulatory framework for cryptocurrency trading. According to a local media report, the bench, which included Justices JD Pardiwala and Manoj Misra, dismissed the plea, emphasizing that the demands presented were legislative and thus beyond the court’s direct action purview. This decision points to the judiciary’s recognition of its constraints in crafting laws, particularly in intricate domains like cryptocurrency.The petitioner, Manu Prashant Wig, a former director at Blue Fox Motion Picture Limited currently in custody due to allegations of cryptocurrency fraud, sought relief through a public interest litigation (PIL) for crypto trading regulations in India.The Economic Offence Wing (EOW) of the Delhi Police accused Wig in 2020 of deceiving investors with promises of high returns from crypto investments, involving 133 reported victims of the scheme. Despite this, during the hearing, the Supreme Court advised Wig to pursue legal remedies through appropriate channels, specifically for bail, underlining its inability to issue directives under Article 32 of the Constitution for legislative matters.Judiciary criticize governmentWhile the judiciary has found that it cannot act itself in putting in place a crypto regulatory framework, the Supreme Court has been critical of the government’s inaction on the matter. In July, India’s highest court criticized the Indian government for its failure to establish clear cryptocurrency regulations.Interestingly, while the government hasn’t acted locally, it has been making efforts to drive regulation at an international level instead. The status of cryptocurrency trading in India remains uncertain, with the country developing a regulatory framework influenced by recommendations from the International Monetary Fund (IMF) and the Financial Stability Board (FSB), potentially leading to legal legislation within the next several months.Prime Minister Modi called on authorities internationally to establish a worldwide regulatory framework. At the recent G20 summit, it appears that member states did reach agreement on such a framework.The Supreme Court’s dismissal of the PIL marks a clear distinction between judicial and legislative responsibilities. As India moves closer to formulating a comprehensive crypto regulatory framework, this decision reinforces the imperative for legislative action to address mounting concerns and interests in the crypto market.Awaiting legislative actionThe outcome of these developments is keenly awaited by investors, legal experts and the crypto community, poised to shape the future landscape of cryptocurrency trading in India. The decision signifies the judiciary’s acknowledgment of its limitations and highlights the necessity for a legislative approach to effectively navigate the intricate landscape of cryptocurrency regulation.In this evolving scenario, the verdict amplifies the importance of a well-defined regulatory framework. As the world’s most populous country grapples with the delicate task of balancing innovation and investor protection, the Supreme Court’s decision places the ball firmly in the legislative court.

Pakistan’s Ministry of Finance has signed off on the establishment of the Pakistan Digital Assets Authority (PDAA), a body which will be responsible for the implementation of regulations governing blockchain and the digital assets sector. In a report published by Pakistani English-language newspaper Dawn, the media outlet outlined that the Ministry of Finance has taken this step in an effort to embrace future innovation in the finance sector.  The new agency will be responsible for monitoring the operations of digital wallet service providers, stablecoin issuers, the development firms behind decentralized finance (DeFi) protocols, crypto custodians and crypto exchange platforms. Photo by Hamid Roshaan on UnsplashFrom crypto ban to crypto regulationIn October 2022, Pakistan was removed by the Financial Action Task Force (FATF), a global money laundering and terrorist financing watchdog, from its grey list. The following year, Pakistan’s Minister of State for Finance and Revenue, Aisha Ghaus Pasha outlined that banning cryptocurrency was a condition of the country’s removal from the FATF grey list. Accordingly, the South Asian country proceeded to ban digital assets, with Ghaus Pasha declaring that crypto would “never be legalized in Pakistan.”Despite the adverse position taken previously by the authorities in Pakistan where digital assets were concerned, in 2024 a survey carried out by Chainalysis revealed that Pakistan featured strongly in terms of retail-level crypto adoption. With this latest development, Pakistan is moving forward progressively with digital assets, albeit that it is doing so while being cognizant of the current requirements demanded by FATF related to crypto. The newly-formed PDAA will act to ensure FATF-compliant innovation, while striving for economic inclusion and the adoption of digital assets in a responsible manner. Regulating to lead crypto innovation rather than catching upPakistan’s current Minister for Finance and Revenue, Muhammad Aurangzeb, said that “Pakistan must regulate not just to catch up — but to lead.” He added that through the establishment of the PDAA, a digital assets regulatory framework that protects consumers will be created. Furthermore, he claimed that such an approach would attract global investment, putting Pakistan “at the forefront of financial innovation.”Another area of focus for the PDAA will be the facilitation of the tokenization of government debt and national assets. Pakistan runs an annual average electricity surplus of 4,000 megawatts. In 2024, total electricity generation was recorded at 92,091 GWh while demand weighed in at 68,559 GWh. With that, the Pakistani authorities want the PDAA to create the correct conditions that will lead to regulated Bitcoin mining operators utilizing this energy resource. Other objectives which have been set out for the new agency include encouraging the growth of startups aimed at building blockchain-based solutions at scale, the regulation of what is estimated to be a $25 billion informal crypto market and the provision of legal clarity within the crypto sector in Pakistan for both local and international investors. This latest positive development follows the formation of the Pakistan Crypto Council (PCC) back in February. That event signaled a policy shift in Pakistan with regard to digital assets. In March PCC CEO Bilal bin Saqib said that Pakistan was done sitting on the sidelines and that the authorities now want to see Pakistan develop as a “leader in blockchain-powered finance.”

Korea considers legal recognition of virtual assets as trust assets for investor protectionSouth Korea’s Ministry of Justice (MOJ) is assessing whether customers’ virtual assets on cryptocurrency exchanges should be legally recognized as trust assets. This classification would give users priority in claiming their virtual assets in case of an exchange’s bankruptcy, thus strengthening investor protection. There’s a noted concern about potential disputes in such bankruptcy situations, as users’ digital assets are typically considered to be in the custody or storage of these platforms.Photo by Daniel Bernard on UnsplashLegal study by Seoul National UniversityAccording to a Tuesday report by local news outlet ChosunBiz, citing industry and legal sources, the MOJ has initiated a legal study on this subject. The research is being conducted by the Seoul National University R&DB Foundation, which started the project earlier this month.Through this study, the MOJ is expected to examine the legal classification of cryptocurrency as property. This review is significant because, for cryptocurrencies to be held in a trust, they must be legally recognized as property. Meanwhile, the upcoming Virtual Asset User Protection Act, set to come into effect next July, mandates that only cash deposits made by users be segregated from the assets of the exchange itself.In Korea, under the current provisions of the Capital Markets Act, virtual assets are not recognized as being held in a trust. Instead, staked cryptocurrencies are seen as being under custodial management or storage. In such arrangements, only a debtor-creditor relationship concerning virtual assets is acknowledged, differing from the legal framework of a trust.Prioritization of rightsIf a cryptocurrency exchange becomes insolvent and enters liquidation, the current legal framework could end up prioritizing the rights of the exchange’s creditors or shareholders over those of the crypto investors. This situation has faced criticism for its inadequate protection of investors. However, if the crypto assets were considered to be held in trusts, it would enable users to acquire “rights to foreclose outside bankruptcy.” This means users would have the right to receive priority reimbursement for their crypto assets, offering them a higher level of protection in the event of an exchange’s bankruptcy.Regarding this development, an official from the MOJ said that while the study is a fundamental legal review focused on exploring ways to protect users through the application of trusts for various cryptocurrency transactions, including those involving decentralized finance (DeFi), it is too early to provide specific details at this stage.