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SEC Lawsuit Stalls Binance’s Gopax Acquisition Deal in South Korea

Policy & Regulation·June 07, 2023, 11:59 PM

Nothing exists in a vacuum, and on that basis, it appears that ripples emanating from the recent lawsuit filed by the Securities and Exchange Commission (SEC) in the United States against global crypto exchange Binance have resulted in the company struggling to complete the acquisition of South Korea’s Gopax.

Photo by Daniel Bernard on Unsplash

 

Suspended pending review

The acquisition deal between Binance and South Korean crypto trading platform Gopax has hit a roadblock as a direct consequence of the lawsuit. The Financial Services Commission (FSC), the financial watchdog in South Korea, has put the acquisition on hold as it reviews the situation.

Binance had acquired a majority stake in Gopax in February, with plans to re-enter the South Korean crypto market after a two-year absence. Gopax is a top five cryptocurrency exchange in South Korea, alongside Upbit, Bithumb, Coinone, and Korbit. However, according to a report by local news media, the FSC has suspended Gopax’s executive change report filed on Tuesday in light of the SEC lawsuit. The report outlined the nomination of three Binance members, including Leon Singh Poong, as inside directors of Gopax.

The FSC cited the allegations of securities law violations against Binance and the SEC’s request to freeze Binance.US assets as the reasons for its cautious approach.

 

Gopax revival

The significance of Binance’s acquisition of Gopax goes beyond its re-entry into the South Korean market. It also aimed to revive the struggling local crypto trading platform. In November 2022, Gopax faced challenges when it suspended withdrawals of principal and interest payments from its decentralized finance service, GoFi, following the collapse of the Bahamas-based FTX crypto exchange and the bankruptcy of Genesis, a US digital assets financial services firm.

Digital Currency Group, the parent company of Genesis, was reportedly the second-largest shareholder of Gopax and a key business partner providing the GoFi product. Binance’s acquisition deal intended to inject new capital into Gopax to facilitate customer withdrawals and interest payments for GoFi.

The SEC lawsuit against Binance alleges the exchange’s commingling of customers’ funds and violations of various securities laws. The SEC has filed 13 charges against Binance, its subsidiaries, and its CEO, Changpeng Zhao.

 

Acquisition strategy

Binance appears to have been pursuing an acquisition strategy in attempting to carve out a greater market share in Asian markets. Binance entered the Japanese market via acquisition in November 2022 when it purchased local crypto platform, Sakura Exchange BitCoin. At the end of last month, Binance announced that it was rebranding the business as Binance Japan and launching it as a stand alone bespoke platform dedicated to the Japanese market.

In Thailand, the global crypto exchange has varied its approach, entering into a joint venture rather than a full acquisition. It has partnered with Gulf Innova, with the new entity, Gulf Binance, recently having been awarded a trading license by the Thai regulator.

The outcome of the SEC lawsuit and its impact on Binance’s operations in South Korea remains uncertain. The FSC’s review process will consider the allegations against Binance and the implications of the SEC’s actions before making a decision on the Gopax acquisition. The crypto industry will closely monitor the developments as they unfold, as no doubt the saga will have broader implications for Binance and its expansion plans.

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Policy & Regulation·

Jan 13, 2025

Bybit suspends services in India amid regulatory blowback

It’s been a tough couple of months for global crypto exchange, Bybit. Having had to leave the Malaysian market due to regulatory issues, the firm is now being forced to shutter its service in India for similar reasons.Photo by Naveed Ahmed on UnsplashWithdrawing services on January 12The exchange announced its withdrawal from the Indian market via a statement published to its website on Jan. 10. The service for Indian residents has been ceased from 08:00 UTC on Sunday, Jan. 12.  Account opening and crypto trading has been disabled. Furthermore, the ability to place market orders through other exchange products offered by the company has also been disabled. The ability for customers to withdraw fiat currency and digital assets remains in place. Achieving full complianceWhile the company is leaving the market, it has stated that its services are temporarily suspended in India. It cited a need to “operate in full compliance” as the firm’s primary objective relative to the Indian market. Elaborating on this, it stated:”We have taken this measure while we continue to work closely with the regulator to finalize our registration as a Virtual Digital Asset Service Provider in India, which we expect to secure in the coming weeks.” Malaysian market issueThe situation mirrors a similar set of circumstances that Bybit finds itself in relative to the Malaysian market. On Dec. 27, the Malaysian Securities Commission published a statement outlining details of an enforcement action it had taken against Bybit and the firm’s CEO, Ben Zhou.  In that instance, Bybit was directed to disable its service offering within the Malaysian market. The company indicated that it would return to the market once it had secured the necessary licensing. India hasn’t proven to be the most crypto-friendly jurisdiction to date. Indian crypto influencer R.K. Gupta took to the X social media platform, claiming that the government was at fault for Bybit having to withdraw from the Indian market. He stated: “Our country’s flawed policies are ruining crypto, while others aim for reserve currency status. Govt targeting exchanges, and now Bybit might stop services in India.” In December 2023, India’s Financial Intelligence Unit (FIU) took action to prevent unregistered overseas exchanges from operating within the Indian market. It issued compliance show-cause notices to nine exchanges at the time. Shortly afterwards, Apple India blocked access to these exchanges on the Indian Apple App Store.  While Bybit wasn’t amongst them, it is now being brought into line by Indian regulators. Back in September, it emerged that the FIU was considering requests to allow four offshore cryptocurrency exchanges to resume activity within the Indian market. Having been deemed to have come into compliance, Binance and KuCoin resumed activities in India in August 2024. Aside from Malaysia and India, Bybit has also encountered regulatory difficulties in Europe. Last August, it left the French market due to regulatory problems. In May 2022, the Autorité des Marchés Financiers (AMF), the French financial markets authority, blacklisted Bybit, warning investors that it wasn’t a registered digital asset service provider.  As part of that market withdrawal, Bybit collaborated with partner Coinhouse, a regulated French crypto-asset platform. Accounts holding assets above the value of 10 USDC were transferred to Coinhouse.

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Web3 & Enterprise·

Nov 14, 2023

Sejong Telecom to showcase real estate STO platform at 2023 Blockchain Grand Week

Sejong Telecom to showcase real estate STO platform at 2023 Blockchain Grand WeekSejong Telecom announced that it is participating in the upcoming 2023 Blockchain Grand Week from Wednesday to Thursday in Seoul to showcase BBRIC — its blockchain-based security token offering (STO) service that tokenizes real estate profit rights — while securing business partners in the process.Photo by Precondo CA on UnsplashLeveraging blockchain technology in real estateBBRIC is built and operated on distributed ledger technology, which protects investors by digitizing their real estate profit rights and recording them on the ledger. This customizable solution enables enterprises to operate and manage the life cycle of an STO, including token issuance, investment product sales, investor deposits and transactions.Corporate clients can seamlessly integrate BBRIC into their respective services or platforms to issue and trade security tokens, calculate dividends, conduct settlements and organize shareholder meetings. They can also securely manage tokens and digital wallets based on smart contracts.“Our technology-intensive STO solution will be a great help to companies that are preparing STO-related projects,” said Park Hyo-jin, head of Sejong Telecom’s marketing strategy division.Bringing BBRIC to the massesThe 2023 Blockchain Grand Week — hosted by the Ministry of Science and ICT and jointly organized by the National IT Industry Promotion Agency (NIPA), the Korea Internet and Security Agency (KISA) and the Institute of Information and Communications Technology Planning and Evaluation (IITP) — aims to promote the value of blockchain technology in enhancing trust in the digital age.Additionally, Sejong Telecom plans to introduce BBRIC at SoftWave, the largest software exhibition in Korea, set to take place at the end of this month. This follows the company’s presentation at the Busan Blockchain City Conference, which showcased the feats of technological innovation in regulation-free zones. Sejong also seeks to expand its network and accelerate the commercialization of its service.The company will also share updates on its submission for a proof of concept (PoC) project to the NIPA. This project involves building a blockchain-based platform for issuing and distributing security tokens and integrating systems for the utilization of mineral resources.Sejong Telecom also recently partnered with enterprises like Hyosung TNS and KOREIT to promote BBRIC and expand the products and services available on the platform.

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Policy & Regulation·

Apr 11, 2023

Hong Kong Setting High Bar on Crypto Rules

Hong Kong Setting High Bar on Crypto RulesLucy Gazmararian, a Fintech Advisory Group member of Hong Kong’s Securities and Futures Commission (SFC) and founder of crypto venture firm Token Bay Capital has said that the standards for Virtual Asset Service Providers (VASPs) in Hong Kong are incredibly high.©Pexels/Brayden LawThe Securities and Futures Commission (SFC) has established these strict guidelines as they want the crypto industry to adhere to the same compliance standards as traditional financial firms.Gazmararian made the comments in discussion with Cointelegraph on the fringes of the Hong Kong WOW Summit. Although the bar is set high, Gazmararian maintains that it is not without good reason. The SFC’s approach is to ask VASPs to apply the same standards that existing financial institutions such as huge banks and asset managers must comply with.Short term challengesAccording to a consultation paper released by the SFC on February 20th, licensed VASPs may serve retail investors, but the standard of investor protection measures imposed needs to be considered. Additionally, Anti-Money Laundering (AML) and Know Your Customer (KYC) policies were also discussed.While these high standards may benefit the industry in the long run, Gazmararian believes they may pose challenges for the crypto industry in Hong Kong over the short term. She explained that many crypto businesses are in the startup phase and have funding but not huge amounts. Therefore, complying with the framework may incur significant costs. Gazmararian mentioned the need for local VASPs to have insurance, independent assessment reports, and store crypto in cold storage. It is important to note that these costs may prevent some startups from entering the market, which may have consequences on the industry’s growth in Hong Kong.The Token Bay Capital founder believes that with a solid regulatory framework in place, more well-capitalized financial firms will be willing to help promising startups get off the ground. In her opinion, the companies that receive a license will be upholding the most stringent standards.Ambitions to be global crypto hubThe SFC has encouraged individuals, corporations, and crypto firms to review the 361-page consultation paper and provide feedback. The securities regulator wants these entities to share their views and point to things that may have been missed. According to Gazmararian, the SFC is “absolutely focused” on getting everything right, so they are seeking input from a wide range of sources.Submissions for feedback on the consultation paper closed on March 31. Hong Kong has made significant strides in recent months to establish itself as the world’s next crypto hub. According to a March 20 statement by the Secretary for Financial Services and the Treasury, Christian Hui, more than 80 digital asset firms have expressed interest in establishing a presence in Hong Kong over the last few months. This interest is a testament to the growing importance of the crypto industry and the favorable environment that Hong Kong is creating for its growth.

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