Seoul Labs’ Web3 launchpad SLUSH attracts investors

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.

Cosmose AI, an artificial intelligence-driven retail analytics firm headquartered in Singapore, has opted to collaborate with the Near Foundation with the aspiration of building a blockchain-based payments system centered on low transaction fees as a more cost-efficient alternative to more conventional payments processors like Stripe and PayPal. Payment platform disruptionThe Near Foundation is a non-profit organization responsible for guiding governance, contracting protocol maintainers and funding ecosystem development relative to the proof-of-stake (PoS)-based Near blockchain protocol. In a blog post published to the Cosmose AI website on Sunday, the company set out the extent of its new partnership with the Near Foundation.Cosmose AI uses AI-powered analytics to track in-store foot traffic as a basis to engage with shoppers online. Both companies will work towards building a payment system that facilitates shoppers to purchase goods and services at low transaction fees through cryptocurrency. As part of the deal, Near has made a strategic investment in Cosmose AI, reflecting a Cosmose company valuation of $500 million.In its press release, Cosmose stated that the investment from the Near Foundation means that the Cosmose “is set to apply Web3 principles and further advance the AI-driven retail ecosystem. Cosmose believes that it can leverage Web3 such that users maintain complete control over their data while benefiting from the ecosystem they help to create.The AI-driven company has a suite of retail solutions, including the KaiKai app, which enables retail customers to discover retail stores in their local vicinity. The app also includes an online targeting platform. Both elements are being overhauled with a Web3 facelift, with the Near collaboration enabling the integration of blockchain into the app.KaiKai already settles payments by leveraging Near Protocol with the creation of its own native stablecoin, Kai-Ching. Near Foundation CEO Marieke Flament said that Near will give Cosmose “the means to leverage the full potential of Web3 in a way that is sustainable, transparent, and infinitely scalable.” Moving away from Stripe, PayPalIn an interview with TechCrunch, Cosmose Founder and CEO Miron Mironiuk stated: “ I’m not sure if you know how expensive and slow it is to process online payments. It’s absolutely crazy.” The Near protocol leads with an ability to achieve inexpensive, scalable blockchain transactions. If successful in building this blockchain-based payments system, Cosmose would be in a better position to replace the use of payments service providers like Stripe and PayPal.Mironiuk gave the example of a simple coffee purchase. Small transactions like that can involve transaction fees in excess of 10%. This overhead is reflected in the overall price of the cup of coffee, with the seller passing on the cost to the buyer. In that one isolated example, Mironiuk makes the point that a regular coffee drinker could be spending an additional $200 per year to cover the costs of payments intermediaries.Over the course of nine years, Cosmose has grown to a point where it extends its service to 20 million stores. The firm operates on a global basis, with its team of eighty staff distributed across centers such as Hong Kong, Tokyo, Paris, Shanghai and Warsaw, as well as at its Singapore headquarters.

The Financial Services and the Treasury Bureau (FSTB), a policy bureau attached to the government of the special administrative region of Hong Kong, has released a new digital assets policy statement, incorporating its “LEAP” framework for the digital assets industry within the city. The document, outlining the government’s objectives and guiding principles relative to the digital assets sector, builds on its first policy statement for the industry which it published in October 2022.Photo by Harry Shum on PexelsA ‘LEAP’ towards an integrated digital assets ecosystemThe FSTB suggests that this new policy statement builds upon foundational initiatives pioneered through the initial policy statement, asserting that “Hong Kong is poised to 'LEAP' towards a trusted, sustainable, and deeply integrated [Digital Assets] ecosystem embedded within the real economy.” The government agency also suggested that this “Policy Statement 2.0” also builds on the “ASPIRe” digital asset regulatory roadmap introduced by the Securities and Futures Commission (SFC) in February, outlining the next phase of digital asset sector development in Hong Kong. Strengthening global hub statusThe government has set out to home in on strategic measures to bring about greater liquidity in digital asset markets and diversify digital asset product offerings, while strengthening the Chinese autonomous territory’s position as a global hub for the digital asset sector. “LEAP” is an acronym for the proposed initiatives that underpin the new framework, including: - Legal and regulatory streamlining- Expanding the suite of tokenized products- Advancing use cases and cross-sectoral collaboration- People and partnership development The framework focuses heavily on the tokenization of real-world assets (RWA), with particular emphasis on bond tokenization. In February 2023, Hong Kong pioneered the issuance of the world’s first-ever tokenized government green bond. Building on that, it now seeks to bring about the regularization of the issuance of tokenized government bonds. The Hong Kong government would also like to see tokenization efforts expanding into “a broader range of assets and financial instruments.” It cited sectors such as precious metals, non-ferrous metals and renewable energy as candidates for tokenization. Promoting tokenized ETFsThe authorities are also encouraging tokenized exchange-traded funds (ETFs), with plans to introduce a stamp duty waiver for these products as an incentive. Additionally, the Hong Kong government is interested in nurturing the development of secondary market trading of such tokenized ETF products, whether that’s through digital asset trading platforms or other channels. The framework considers the further development of stablecoins. The city’s new licensing regimen for stablecoin issuers commences on Aug. 1. The FSTB maintains that stablecoins have the potential “to transform payments, supply chain management, and capital market activities by offering a cost-effective and efficient alternative to traditional systems.” In order to capitalize on this potential, the Hong Kong government, together with the city’s regulators, intends to enable licensed stablecoin issuers in the city “to explore and implement different stablecoin use cases.” Cyberport, a Hong Kong business park and digital technology incubator that hosts in excess of 1,650 startups, will also extend its support through its incubation ecosystem to further the objectives set out in the Hong Kong government’s new digital assets policy statement.