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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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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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Policy & Regulation·

Nov 02, 2023

South Korean FIU rejects Hanbitco’s bid to become fiat-to-crypto exchange

South Korean FIU rejects Hanbitco’s bid to become fiat-to-crypto exchangeWhile numerous cryptocurrency-only exchanges in Korea have been vying for registration as fiat-to-crypto exchanges with the financial regulator, the government has turned down another platform’s attempt to achieve this status.Photo by Dim Hou on UnsplashUnmet standardsAccording to a report from local news provider MoneyToday, the Financial Intelligence Unit (FIU) of the Financial Services Commission (FSC) recently convened a committee that decided against approving Hanbitco’s request to change its business status. Industry sources suggest that this decision was based on Hanbitco’s inability to meet the standards set by the Act on Reporting and Using Specified Financial Transaction Information, often referred to as the Financial Transaction Reporting Act.Fine and cautionary orderA person familiar with the matter that the committee started deliberating on Hanbitco’s request to alter its business status about two weeks ago and ultimately decided against it. A significant factor in this decision might have been the KRW 2 billion ($1.49 million) fine levied on Hanbitco, stemming from numerous violations found in recent on-site inspections, the source added.Before approaching the FIU with its request, Hanbitco formed a partnership with Kwangju Bank in June to obtain real-name accounts, facilitating Korean won deposits and withdrawals. Achieving this is quite uncommon for a crypto-only exchange. In Korea, exchanges are legally required to have real-name bank accounts for trading in Korean won. Presently, only five platforms hold registration as fiat-to-crypto exchanges: Upbit, Bithumb, Coinone, Korbit and Gopax, each having its own banking partnership.As per the details released by the FIU, besides the levied fine, Hanbitco was issued a cautionary order, and five of its employees faced reprimands.The fine of KRW 2 billion is the heaviest handed out to a virtual asset service provider from on-site inspections held between last year and the first half of this year. For perspective, Upbit, the country’s largest crypto exchange, was fined KRW 80 million.An FIU representative noted that during the evaluation of Hanbitco’s application to transition into a fiat-to-crypto exchange, factors such as the firm’s anti-money laundering (AML) protocols, its internal control systems and past sanctions played a role in the decision-making process.

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Markets·

Mar 06, 2024

Crypto boom drives $17.5B surge in demand deposit at Korean banks

Among various accounts within a bank, a demand deposit account is considered a “station” where people can temporarily store their money and easily withdraw it for future investments. These accounts are highly liquid, since users can deposit or withdraw funds at any time without having to pay a penalty to a bank.  Following the recent cryptocurrency boom, the five major banks in Korea – KB Kookmin Bank, Shinhan Bank, Hana Bank, Woori Bank and NH Nonghyup Bank – are seeing a significant influx of funds into their demand deposit accounts, according to local media outlet Money Today. This is partly attributed to an increasing number of youths who are seeking to invest in crypto assets, parking their money in these banks’ demand deposit accounts. Shinhan Bank and Nonghyup Bank have seen the highest increase in their deposits, owing to their affiliation with local crypto exchanges that have access to real-name accounts from these banks. Photo by André François McKenzie on UnsplashBTC’s surge attracting young investors to cryptoExperts say that these deposits could be potentially transferred to the crypto market by owners as Bitcoin’s value continues to climb. An insider from a crypto exchange noted that the bullish crypto market, spurred by the U.S. approval of spot bitcoin ETFs, is driving a number of young investors to turn to crypto investments, encouraging them to channel their deposits into buying crypto tokens.  Data from these five major banks shows their total demand deposits by the end of February exceeded KRW 614 trillion ($460 billion), seeing a month-over-month increase of about KRW 23.5 trillion. During the same period, the banks’ combined regular savings grew by KRW 23.6 trillion, while their combined installment savings saw a decrease of KRW 13.3 trillion. This came after the government-led savings product “Youth Hope Installment Savings” reached its maturity, which returns users their principal with relatively large interest gains.  Banks scrambling to attract crypto investors with new savings productsIn response to the potential decline in interest rates in the second half of this year, an increasing number of customers are seeking to put their money into savings products with an interest rate of as low as 3%, according to a banker. In a bid to attract more users, local banks are busy introducing new savings products.  KB Kookmin Bank launched a savings product offering a relatively high annual interest rate of up to 4%, and Shinhan Bank rolled out a savings product targeting youths with an annual interest rate of up to 3.85%.  Meanwhile, Kbank, an online-only bank, is deemed among the largest beneficiaries of the crypto boom, as the bank saw its average daily new customers triple compared to last year. Since 2020, Kbank has served as the provider of real-name accounts to Upbit, the leading crypto exchange in Korea.  Ha Joon-kyung, a professor at the Department of Economics at Hanyang University, said the sudden surge in demand deposits means that a significant portion of these funds will be invested in high-yielding but risky assets, including cryptocurrencies, stocks and real estate.  

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Policy & Regulation·

Dec 05, 2023

28 crypto service providers register with India’s FIU

28 crypto service providers register with India’s FIUIn India, 28 entities providing services related to virtual digital assets (VDAs) have successfully registered with the Financial Intelligence Unit (FIU), the body responsible for combating money laundering in the world’s most populous country.Notable names in this list include Neblio Technologies, more commonly known as CoinDCX, Zanmai Labs, the company responsible for the WazirX crypto platform, Bitcipher Labs’ CoinSwitch, Nextgendev Solutions and Awlencan Innovations India’s Zebpay.Photo by Big G Media on UnsplashA need to register as ‘reporting entities’This information comes in response to a question posed in the Lok Sabha (India’s lower house of Parliament), where the government emphasized the significance of these entities complying with the Prevention of Money Laundering Act (PMLA). In March, the government had formally designated companies dealing in VDAs, crypto exchanges and related intermediaries as “reporting entities” under the PMLA.According to the notification, crypto exchanges and their intermediaries are obligated to conduct Know Your Customer (KYC) procedures for their clients and platform users. This includes maintaining KYC details, identity documents, account files and business correspondence records with clients.Offshore exchanges required to registerMinister of State for Finance Pankaj Chaudhary mentioned that the registration process for VDA service providers catering to the Indian market is underway. Non-compliance with these regulations may result in appropriate action under the PMLA. It has been clarified that offshore crypto exchanges operating in India are required to adhere to these guidelines. Despite that, none of the 28 entities who have registered so far appear to be offshore companies.Commenting on the development via the X social media platform, Sumit Gupta, Co-Founder of CoinDCX, wrote:”Emphasizing compliance to PMLA is vital for the safety and financial integrity of Indians, as dealing with non-registered platforms exposes citizens to nefarious actors, putting their finances at risk.” . . . “It’s encouraging to witness the Government initiating actions against non-compliant offshore entities.”While steps to provide guidelines for the industry are largely positive, the Reserve Bank of India (RBI) has been vocal in its criticism of cryptocurrencies and calls for potential bans have cast a shadow over the industry in India. The recent collapse of prominent platforms like FTX have not been helpful, only serving to exacerbate concerns relative to India’s crypto ecosystem.The negative sentiment, coupled with an ongoing funding winter, has resulted in the closure of operations for some crypto platforms, including Pillow and WeTrade, this year. Firms like CoinSwitch and Gupta’s CoinDCX have had to reduce headcount in 2023 amid challenging market conditions.Despite these challenges, there are also positive signs. A recent report by blockchain analytics firm Chainalysis found that India has been the frontrunner more recently in terms of crypto adoption in Asia.This latest development provides guidelines where anti-money laundering processes are concerned for crypto firms in India. However, the government needs to follow through with a complete regulatory framework for the industry. The Indian courts recently declined to act on such a petition on the basis that it falls within the remit of the country’s legislature and is outside the purview of the courts.

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