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Historic ruling sees Dubai court validate crypto as salary payment

Policy & Regulation·August 17, 2024, 4:48 AM

The Dubai Court of First Instance in the United Arab Emirates (UAE) has notched up another milestone relative to the continuing rollout of the use of and legal status of cryptocurrency by recognizing crypto as a legitimate means of payment where salaries are concerned.

 

The groundbreaking decision, which was revealed in the court via case number 1739 of 2024, gives confirmed legal recognition to the validity of crypto as a means of payment for salaries, which may be stipulated in an employment contract.

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Photo by David Rodrigo on Unsplash

Ruling reflecting a progressive approach to crypto

The outcome hit the radar of a number of crypto-centric UAE-based lawyers, with Web3 lawyer Irina Heaver, a partner at NeosLegal, pointing out that the decision marks a shift from previous relevant case law in the UAE in 2023 when a similar set of circumstances led to crypto not being recognized for the purposes of salary payment. Commenting on the ruling of that previous case, she stated:

 

“This decision reflected a traditional viewpoint, emphasizing the need for concrete evidence when dealing with unconventional payment forms.”

Ecowatt (EWT) tokens

In this latest case, the circumstances revolved around a dispute whereby an employee claimed for unpaid salary, termination compensation and further benefits. The employee’s contract of employment outlined a payment in both fiat currency, alongside 5,250 Ecowatt (EWT) tokens. 

 

Ecowatt is a renewable energy blockchain project which claims to serve a purpose in reducing carbon impact on a global basis through the tokenization of green energy. It was the failure of the employer to pay out the tokenized portion of the employee’s salary that led to the dispute and the subsequent lawsuit.

 

The court ultimately sided with the employee, agreeing that the employer must fulfill its contractual obligation and pay out the remainder of the employee’s salary and benefits in Ecowatt tokens. The judgement stated:

 

“As the respondent did not provide evidence of payment in EcoWatt tokens, the court orders the respondent to pay the claimant the value of her wages in EcoWatt tokens.”

 

In weighing up this latest adjudication, Heaver concludes that the move is congruent with the progressive approach that is being taken to digital assets within the UAE. “This decision reflects a broader acceptance of cryptocurrency in employment contracts and highlights the court’s recognition of the evolving nature of financial transactions within the Web3 economy,” she stated.

 

Mahmoud Abuwasel, partner at Wasel & Wasel, an international firm with a presence in Abu Dhabi, also noted the relevance of the ruling, posting on the matter on legal update database, Lexology. 

 

Greater legal clarity

Little by little, greater clarity is emerging in jurisdictions worldwide with regard to the status of cryptocurrency and digital assets within the context of international legal systems. In 2023, a Chinese court recognized virtual assets as legal property, affirming the legal status of virtual assets as protected property under Chinese law.

Earlier in 2023, the courts in the Chinese autonomous territory of Hong Kong determined cryptocurrency to be property “capable of being held in trust.” Not all decisions have been positive however, with a Singaporean court determining in April 2023 that crypto is not money, albeit that the judge did acknowledge that the matter would require a more detailed examination of evidence in another court.

 

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Sep 22, 2023

Korean Metaverse Platforms Face Uncertain Future Amidst Mounting Challenges

Korean Metaverse Platforms Face Uncertain Future Amidst Mounting ChallengesSeveral Korean metaverse platforms, which had promised to usher in a new world bridging online and offline experiences, have found themselves in premature jeopardy, according to industry observations. Various companies that had earmarked metaverse platforms as their future growth driver failed to establish an effective revenue structure to bring this to fruition, leading to speculation that there are limits to successfully developing this branch of business.Photo by GuerrillaBuzz on UnsplashDwindling popularityMetaverse platforms first garnered significant attention during the COVID-19 pandemic, but interest has waned since then — in Google Trends, the keyword “metaverse” has been showing a clear decline since reaching its peak in November of 2021.The actual usage rates of such platforms have also been low. According to the Korea Information Society Development Institute, last year’s usage rate was a mere 4.2%, and some local government-funded platforms had only about 200 daily visitors despite considerable budget sizes.As a result, companies struggling with financial difficulties have opted to downsize their operations, strategizing for mid- to long-term approaches to improving efficiency until an era of metaverse popularization arrives.Roadblocks for small and large companies alikeAccording to industry sources on Friday, platforms like Cytown, developed by social networking space Cyworld, have shut down after just a year, while Kakao Games’ collaborative metaverse venture Colorverse and Com2us Group’s Com2Verse have entered into restructuring phases.Com2verse’s decision comes just two months after the official release of its all-in-one metaverse platform. The company plans to provide three months’ salary to those applying for voluntary resignation and prioritize hiring new faces when expanding the workforce in the future. The scale of voluntary resignation has not been disclosed.The restructuring process will affect all employees except those involved in core functions such as development and services. Employees opting for voluntary resignation will also have the option to transfer to other subsidiaries under Com2us Group.Founded in April of last year, Com2Verse recorded an operating loss of KRW 8.3 billion (approximately $6.2 million) in the first half of this year. Its parent company, Com2us, also recorded consecutive deficits, starting with an operating loss of KRW 19.4 billion in last year’s fourth quarter, followed by losses of KRW 14.8 billion and KRW 5.6 billion in this year’s first and second quarters, respectively. Despite maintaining a stable revenue in its game business, the company faced challenges due to the poor performance of its subsidiary companies and the mounting labor costs needed for accelerating new business endeavors.Com2us has thus determined that it would be difficult to boost revenue and improve cost structure in the short term. Hence, the company chose to restructure its organization while retaining key personnel working under the Convention Center, an event platform on Com2Verse, which is expected to drive the business forward.Com2us emphasized that its commitment to the metaverse market remains unchanged, stating, “Given the current situation of local and international metaverse industries, we believe that significant time and investment will always be necessary. Therefore, we have decided that choosing our priorities and focusing on them is the best way to respond to long-term market changes.”Similarly, Kakao Entertainment had signed a memorandum of understanding (MOU) last year with Neptune, a game developer in which Kakao Games owns a 35% share, and Colorverse, a metaverse company in which Neptune owns a 44% share, to jointly work on an open three-dimensional metaverse platform also called Colorverse. However, Colorverse has also undergone restructuring since earlier this year to reduce its workforce after it posted an operating loss of KRW 11.5 billion last year.Industry analysts have attributed Colorverse’s business slump to the departure of Namkoong Whon, the former CEO who had pinned his hopes on a metaverse as one of the conglomerate’s promising enterprises.Korean game developer NCSOFT had also said that it is building its own metaverse platform dubbed “Miniverse,” which allows various types of online gatherings from community meetups and study groups to remote classes and work. The company had even conducted a welcome presentation for new employees through Miniverse, but news regarding the project has been scant since then.As these major corporations have been struggling to overcome such hurdles, smaller startups have undoubtedly been facing increasingly dire circumstances as well, with some even resorting to unexpected suspensions of service operations without prior notice. Others have promoted themselves as metaverse platforms and issued virtual assets that can be used within the virtual world, but in many cases, these assets have proven to be of little benefit or use.“A revenue structure that can generate income from metaverse platforms has not yet been established. With the gradual decline in remote education, meetings, and telecommuting after the easing of the pandemic, the value of metaverse platforms has also decreased. Also, factors like increased information technology (IT) labor costs and the overall state of the global economy are influencing business momentum,” an industry insider commented.

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Policy & Regulation·

Oct 24, 2023

Singapore High Court Embraces NFTs for Financial Investigations

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Policy & Regulation·

Jun 22, 2023

New Kazakh Platform Underscores Binance’s Push Eastwards

New Kazakh Platform Underscores Binance’s Push EastwardsGlobal cryptocurrency exchange Binance is making a significant move towards the East in response to mounting regulatory challenges in Western markets. The exchange has recently launched a regulated digital asset platform in Kazakhstan, marking a milestone in its expansion strategy.The announcement was made during a press conference held on June 20, attended by distinguished guests including representatives from Kazakhstan’s banking sector and Binance Kazakhstan’s leadership. The company followed up with a blog post detailing the development, published to its website on Wednesday.This milestone achievement follows Binance’s preliminary approval for operations in Kazakhstan received last August. By October, the Astana Financial Services Authority (AIFC) granted the exchange a permanent license to establish a digital asset platform and provide custodial services at the Astana International Financial Center.Photo by Engin Akyurt on PexelsBespoke platformThe newly established Binance platform in Kazakhstan aims to cater specifically to the needs of Kazakhstani users. It offers a comprehensive suite of services encompassing cryptocurrency exchange, conversion, fiat currency deposits and withdrawals, as well as custody of crypto assets.These financial services will be facilitated through a partnership with Freedom Finance Bank, Kazakhstan’s banking partner for Binance. Users of the platform will be able to transfer fiat funds to their accounts, with deposits and withdrawals currently supported through bank transfers or bank cards via Freedom Finance Bank.Adverse Western market conditionsBinance’s expansion into Kazakhstan comes at a time when the exchange is grappling with legal challenges in the United States and several European countries. In the US, Binance is currently embroiled in a lawsuit with the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC).Last month, Binance announced its withdrawal from the Canadian market, citing regulatory changes which the company described as “untenable.” Meanwhile, in Europe, the company has faced regulatory pushback, including an investigation into alleged “aggravated money laundering” in France and its exit from the Dutch market due to the absence of a virtual asset service provider license.Binance’s withdrawal from European markets has been attributed to its efforts to comply with the European Union’s approved Markets in Crypto Assets (MiCA) regulations, although there are reports indicating collaboration between European regulators and the SEC in their investigations into Binance.Eastern expansionWhile Binance has been facing ongoing setbacks in Western markets, it continues to expand eastwards. Late last month, the firm announced plans to establish a dedicated platform in Japan. Around the same time, it secured a trading license through its Thai joint venture company.Binance is not the only major crypto firm making a strategic shift towards Asia. Other global cryptocurrency exchanges such as Gemini and Coinbase, have also expressed their intention to strengthen their presence in the Asia Pacific region. This trend highlights a broader pattern of the crypto exchange landscape gradually shifting towards the East, reflecting a reconfiguration of the global market.As Binance expands its regulated operations in Kazakhstan, it aims to navigate the complex regulatory environment and continue providing secure and compliant services to users in a key market. The move not only positions Binance strategically but also underscores the evolving dynamics that may well be playing into a regional shift in leadership where the development of digital assets is concerned.

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