Two Asian nations turn down spot bitcoin ETFs

Chinese Court Recognizes Virtual Assets as Legal PropertyAccording to a recent report published by the People’s Courts of the People’s Republic of China, a Chinese court has recognized the legal status of virtual assets, having analyzed their attributes within the framework of Chinese criminal law.The court unequivocally stated that virtual assets are considered legal property under the current legal policy framework and are thus protected by law.The People’s Courts of the People’s Republic of China exercise judicial power independently, free from interference by administrative or public organizations. They have responsibility for adjudicating civil, criminal, and administrative cases.Photo by Christian Lue on UnsplashProperty classificationLocal news source Odaily News reported on the development on Friday, indicating that the report, titled “Identification of the Property Attributes of Virtual Currency and Disposal of Property Involved in the Case,” explicitly recognized the economic attributes of virtual assets, leading to their classification as property.This declaration is particularly significant in light of China’s sweeping ban on decentralized cryptocurrencies. Despite this ban, the report argues that virtual assets held by individuals should enjoy legal protection within the existing policy framework.Furthermore, the report proposed recommendations for addressing crimes involving virtual assets. It emphasized that in cases where money and property are involved, confiscation should be based on the integration of criminal and civil law. The approach taken aims to strike a balance between safeguarding personal property rights while also addressing broader social and public interests.Contentious approach to cryptoWhile China has been making every effort to promote its central bank digital currency (CBDC) and the development of blockchain and metaverse-related technology within the country, its stance on decentralized cryptocurrencies has been contentious at best.Its approach in that respect has been marked by a blanket ban on crypto-related activities such as mining and trading and the prohibition of foreign crypto exchanges from serving customers within mainland China. Nevertheless, Chinese courts have consistently taken a more nuanced view without necessarily contradicting the government’s approach.Differing interpretationsThe divergence between national policy and court rulings first emerged in 2019 when the Hangzhou Internet Court found that Bitcoin is a form of virtual property, and on that basis, it is safeguarded by the law from the point of view of property rights. In May 2022, a Shanghai court affirmed that Bitcoin qualifies as virtual property and, as such, falls under the purview of property rights.Global issueIt’s not just the Chinese courts that are grappling with the issue of clarifying property rights relative to virtual assets. In April of this year, a case in Hong Kong involving defunct crypto exchange Gatecoin resulted in the courts determining that cryptocurrency is property and that on that basis, it’s “capable of being held in trust.”In July a Singaporean court determined that cryptocurrency is capable of being held in trust and on that basis, it should be recognized as property. Earlier this year, the High Court of Justice in London recognized non-fungible tokens (NFTs) as property.The report from the People’s Court reaffirms the legal status of virtual assets as protected property under Chinese law. This development highlights the ongoing divergence between China’s regulatory policy and the judicial interpretation of virtual assets, signaling a potential evolution in the country’s approach to cryptocurrencies.

The Securities Commission Malaysia (SC), the statutory body tasked with regulating and developing capital markets within the Southeast Asian nation, has published a consultation paper in an effort to garner public feedback on potential enhancements to its crypto regulatory framework. In a press release published to its website on June 30, the SC claimed that its proposals seek “to enhance competitiveness of Malaysia’s regulated digital asset market, improve investor protection and strengthen the resilience and integrity of [Digital Asset Exchange] operators.”Photo by Vlad Shapochnikov on UnsplashEasing listing requirementsIn the event that the proposals are adopted, one key change would see a liberalization of the listing requirements for digital assets. Where certain key eligibility criteria have been met, the regulator would allow the listing of digital assets on digital asset exchanges without prior SC approval. The regulator stated that it wants to make this change in order to speed up the time taken to get digital assets to market as they emerge. By setting out additional criteria, there will be greater exchange operator accountability. Exchange operators would bear responsibility for listing tokens in compliance with the requirements set out by the regulator.  Assets could only be listed once those assets and the underlying protocol and network had undergone security audits which had been carried out by an independent and qualified blockchain security auditor, with the audit results made public.  For the purposes of the “Liberalised Listing Framework,” the asset must have been trading on a Financial Action Task Force (FATF)-compliant virtual asset service provider (VASP) platform for a minimum of one year. The regulator believes that easing the listing requirements will result in a broader digital asset product offering being made available in Malaysia. Last month, Thailand’s Securities and Exchange Commission (SEC) started a public consultation process aimed at revising token listing rules. Coin listing processes have also come under scrutiny from the authorities in South Korea recently. Segregating client assetsAmong the proposals is a plan to oblige exchange platforms to properly segregate client assets from operational funds and assets held by the exchange business. In recent years, many failed crypto exchange platforms, most notably FTX, got into difficulty by co-mingling customer funds with operational funds. Furthermore, the regulator doesn’t want any cross-over of assets between the local exchange operator and any overseas affiliate companies it may have.The SC stated that it is cognizant of recent global exchange failures, which has led it towards further enhancing crypto exchange operational governance and controls. It suggests that only 10% of client assets should be held by a Malaysian exchange in hot wallets, with the remaining 90% held in cold or offline wallets. The SC said that it welcomes feedback from members of the various stakeholder groups on the proposals outlined. The public consultation period runs from June 30 through Aug. 11.  Malaysia is expected to have 4.74 million crypto users by 2026. That would equate to 13% of Malaysians using crypto by then.

Wemade Launches NFT-Based DeFi Service to Empower Its EcosystemSouth Korean gaming company Wemade today launched NFTFi, a peer-to-peer decentralized financial service based on non-fungible tokens (NFTs), according to an official press release. The service is now accessible on Wemade’s DAO-powered blockchain NFT platform NILE, also known as NFT Is Life Evolution.Photo by Choong Deng Xiang on UnsplashBorrow and lend NFTsInitially, NFTFi will enable users to borrow and lend NFTs, with plans to introduce a swap function in the future. The service will support trading for all NFTs available on the NILE marketplace, including the NEITH NFTs unveiled in March this year.Through NFTFi, borrowers have the ability to secure WEMIX tokens or WEMIX Dollars by using NFTs as collateral. Borrowers can request loans, and lenders can review these requests and assess the conditions under which they are willing to lend their assets.The borrower who presents the most favorable borrowing terms will be selected, and the loan contract will be automatically executed. The NFTs provided as collateral will remain locked until the loan is fully repaid. In the event of failure to repay, ownership of the NFTs will be transferred to the lender.Effective asset managementNFTFi users will have the ability to evaluate the value of an NFT based on various data. Notably, NEITH NFTs offer effective asset management as their holders can claim the amount of WEMIX tokens at any time from the Covenant Date. This token eligibility feature contributes to the stability of NEITH NFTs.NILE expects that NFTFi will enhance the value of NFTs as financial assets and play a role in the sustainable growth of the WEMIX3.0 ecosystem.