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Crypto futures and ETFs are knocking at the door: Law Decoded, Aug. 13–20.

SEC is likely to approve multiple applications for Ether futures exchange-traded funds simultaneously.

Cryptocurrency exchange Coinbase has received approval from the United States National Futures Association to offer investments in crypto futures to eligible customers. The approval enables Coinbase to introduce Bitcoin (BTC) and Ether (ETH) futures contracts through its Commodity Futures Trading Commission-regulated derivatives exchange. 

Meanwhile, citing sources familiar with the matter, The Wall Street Journal reported that the U.S. Securities and Exchange Commission (SEC) is likely to approve multiple applications for Ether futures exchange-traded funds (ETFs) simultaneously. So far, the SEC has not instructed the firms to withdraw their applications, unlike in 2021. This suggests the regulator won’t block the fund’s launch within a few weeks. The SEC’s decision on Bitcoin ETFs could also come in early 2024.

This could be why asset management firm Valkyrie has joined the list of companies filing for crypto ETFs. As per its application, the fund will not directly invest in Ether but will seek to purchase several ETH futures contracts. The ETF investment in Ether futures contracts will be limited to 8,000 contracts per month in compliance with position limits established by the Chicago Mercantile Exchange.

SEC is allowed to appeal in the Ripple case

U.S. Judge Analisa Torres has granted a request from the SEC to file a motion for leave to file an interlocutory appeal in its case against Ripple Labs. According to U.S. law, an interlocutory appeal occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding.

The decision came just a few hours after Ripple Labs voiced opposition to a potential appeal in the case. Ripple’s lawyers argued that an appeal requires a pure question of law and that the SEC’s request raises no new legal issues needing review. They also insisted that the regulator’s claim of an incorrect court ruling is insufficient and that an immediate appeal will not advance the termination litigation proceedings.

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Singapore gets its regulatory framework for stablecoins

Singapore’s central bank has released a revised regulatory framework to ensure stability for single-currency stablecoins regulated in the city-state. The framework outlines several requirements for stablecoin issuers, including redemption timelines, disclosures, reserve management and capital requirement. The Monetary Authority of Singapore noted only stablecoin issuers that fulfill the new framework’s requirements could apply to become MAS-regulated — a label the central banks says ensures they can be distinguished from non-regulated stablecoins by users.

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U.S. House Democratic coalition creates AI working group

Democrats from the U.S. House of Representatives have formed a working group on artificial intelligence to introduce new legislation around the nascent artificial intelligence (AI) tech sector. The 97-member New Democrat Coalition promises its unit to work with President Joe Biden’s administration, stakeholders and lawmakers from both sides of the political arena to develop “sensible, bipartisan policies to address this emerging technology.” According to Representative Derek Kilmer, who will serve as chair of the working group, its primary focus will be to crack down on the spread of misinformation and air concerns about advanced AI-generated deepfakes becoming increasingly prevalent online.

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Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment

CME Group to launch BTC, ETH reference rates aimed at Asia’s investors

CME reported nearly half of its crypto volume year to date came from non-U.S. trading hours and around 11% from the Asia Pacific region.

Derivatives marketplace CME Group is launching Bitcoin (BTC) and Ether (ETH) reference rates for the Asia Pacific region, in another sign of growing institutional interest in crypto from Asia.

On Aug. 16, derivatives marketplace CME Group said it’s partnered with crypto indices provider CF Benchmarks and on Sept. 11 to launch the two Asia Pacific-focused crypto reference rates.

Reference rates are used as a credible source of a cryptocurrency’s price and are used — in CME’s case — to price settlements of crypto futures contracts.

CME Group said from Sept. 11, Asia-based crypto institutions and investors will get two reference rates that will track BTC and ETH, which will be published once a day at 4 pm Hong Kong time.

CME Group has existing reference rates for the two cryptocurrencies, but they are published at times more suitable to investors in New York and London' timezones. 

CME’s crypto products head Giovanni Vicioso said so far this year it's seen 37% of its crypto volume traded during non-U.S. hours with 11% coming from APAC.

“These APAC reference rates will allow market participants to more accurately and precisely hedge cryptocurrency price risk with timing more closely aligned to their portfolios," Vicioso said.

Matrixport Head of Research Markus Thielen told Cointelegraph the reference rates show that CME is seeing increased demand from institutions requiring accurate BTC and ETH prices during the Asia trading day.

Institutions will use the daily price for investor products — which he believes could now see greater demand from the end investors of those institutions.

Related: From the U.S. to Japan, regulators are beginning to embrace crypto

CME and CF also has reference rates and real-time indexes for the metaverse-related tokens Axie Infinity Shards (AXS), Chiliz (CHZ) and Decentraland (MANA).

The firm’s other reference rates aggregate crypto spot exchange trade flows including from Bitstamp, Coinbase, Gemini and Kraken and aim to provide a credible reference price.

Such rates are used in the settlement of futures contracts including CME’s Bitcoin and Ether futures products, which settle on its London time reference rate.

Institutions have been eyeing crypto-friendly jurisdictions such as Hong Kong and Singapore — two regions that have made significant moves to give regulatory clarity to crypto businesses.

Asia Express: China’s risky Bitcoin court decision, is Huobi in trouble or not?

Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment

Singapore central bank releases regulatory framework for stablecoins

The framework outlines requirements for stablecoin issuers to meet to be deemed as regulated by the Monetary Authority of Singapore.

Singapore's central bank has released a revised regulatory framework aimed at ensuring stability for single-currency stablecoins regulated in the city-state.

The Monetary Authority of Singapore announced the framework on Aug. 15 and said it will police single-currency stablecoins (SCS) pegged to the value of the Singapore dollar or G10 currencies such as the euro, British pound and United States dollar.

Excerpt from statement regarding its stablecoin regulatory framework. Source: MAS

“MAS’ stablecoin regulatory framework aims to facilitate the use of stablecoins as a credible digital medium of exchange, and as a bridge between the fiat and digital asset ecosystems," said the bank's deputy managing director of financial supervision Ho Hern Shin.

"We encourage SCS issuers who would like their stablecoins recognized as 'MAS regulated stablecoins' to make early preparations for compliance,” Shin added.

The framework outlines several requirements that stablecoin issuers would have to adhere to, including timely redemptions and robust reserve management, among others: 

  • Value stability: Reserve assets will be subject to requirements relating to their composition, valuation, custody and audit, to give a high degree of assurance of value stability.
  • Capital: Stablecoin issuers must maintain minimum base capital and liquid assets to reduce the risk of insolvency and enable an orderly wind-down of business if necessary.
  • Redemption at Par: Issuers must return the par value of the stablecoins to holders within five business days from a redemption request.
  • Disclosure: Issuers must provide appropriate disclosures to users, including information on the SCS’ value stabilizing mechanism, rights of SCS holders, as well as the audit results of reserve assets.

MAS noted only stablecoin issuers that fulfill the requirements under the framework will be able to apply to become MAS-regulated.

"This label will enable users to readily distinguish MAS-regulated stablecoins from other digital payment tokens, including 'stablecoins' which are not subject to MAS’ stablecoin regulatory framework," it said.

It also warns any person that represents a token as being MAS-ceritified would be subject to penalties set out in the new framework, along with being added to an alert list. 

The revised regulatory framework accounts for feedback from an October 2022 public consultation.

Asia Express: China’s risky Bitcoin court decision, is Huobi in trouble or not?

This is a developing story, and further information will be added as it becomes available.

Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment

Blockchain.com scores payment license from Singapore central bank

The crypto exchange is the 12th to receive a crypto-dealing license in the country allowing it to service accredited investors and institutions.

Crypto exchange Blockchain.com has been granted a payments license from Singapore's central bank — the Monetary Authority of Singapore (MAS).

Blockchain.com announced on Aug. 7 it received its major payment institution (MPI) from MAS on Aug. 1 allowing it to provide what the regulator calls digital payment token services to institutional and accredited investors.

The exchange's full license comes after it received in-principal approval from the bank in September last year.

Related: Singapore High Court rules crypto personal property, compares it to fiat money

With its license approved, Blockchain.com is the twelfth digital payment token service provider in the country and joins other providers including Circle, Independent Reserve, Paxos, Revolut and DBS Vickers.

Deposit risk: What do crypto exchanges really do with your money?

This is a developing story, and further information will be added as it becomes available.

Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment

Singapore Red Cross starts accepting crypto donations

Humanitarian aid and community services charity, Red Cross Singapore, included cryptocurrency as a newly-accepted form of donation.

Humanitarian aid and community services charity, Singapore Red Cross, included cryptocurrency as a newly-accepted form of donation. The organization will accept Bitcoin, Ether, Tether and USD Coin donations. 

On August 7, Singapore Red Cross announced its partnership with the first crypto payment gateway licensed by the Monetary Authority of Singapore, Triple-A, to enable the option of anonymous donations in crypto. All donations will be converted into fiat currency and settled via bank transfer within one business day.

Benjamin William, Secretary General and CEO of the Singapore Red Cross shared his enthusiasm toward the new segment of tech-savvy donors:

“By accepting digital currencies, we open our doors to a new segment of donors who are tech-savvy and wish to make a difference through their digital assets.”

"Enabling cryptocurrency donations also opens more opportunities for the new generation of donors who are au fait with digital currencies to consider philanthropy and helping the vulnerable," William further explained. 

The crypto payment option is already available on the Singapore Red Cross website. Along with four popular digital currencies the payment gateway offers a separate solution for donating from Binance digital wallet. 

Related: Singapore to require crypto firms to put user assets into trusts by year-end

In July, the High Court of Singapore declared crypto a private property, which doesn’t differ in principle from fiat money and could be classified in the category of “things in action.” In British common law, that means a type of property over which personal rights could be claimed or enforced by legal action, not by taking physical possession.

Magazine: Deposit risk. What do crypto exchanges really do with your money?

Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment

OPNX exchange bids for crypto lender Hodlnaut in Singapore: Report

If approved, the deal would see a capital injection of nearly $30 million worth of FLEX tokens into Hodlnaut to partially cover creditors' payout and outstanding claims.

Crypto lender Hodlnaut appears to have found a white knight investor to exit its bankruptcy proceedings. According to a Bloomberg report, OPNX exchange has made an offer to take over 75% of the company.

The deal would see a capital injection of nearly $30 million worth of FLEX tokens into Hodlnaut to partially cover creditors' payout and outstanding claims. According to CoinMarketCap, FLEX is trading at $7.16 as of this writing,. Hodlnaut's restructuring is being overseen by a Singapore court.

If approved by the creditors, OPNX would own 75% of Hodlnaut after the infusion of capital. Creditors would receive 30% of their claims in FLEX and other tokens, or a pro-rata payment of up to 95% of the available corporate asset pool, whichever is higher, according to documents seen by Bloomblerg.

FLEX token performance. Source: CoinMarketCap.

FLEX is the native token of the CoinFLEX exchange, which was founded by Mark Lamb and Sudhu Arumugam, who were also co-founders of OPNX, a new marketplace for crypto claims trading. The platform is also powered by the FLEX token. Other co-founders of OPNX included Su Zhu and Kyle Davies, also founders of bankrupt hedge fund Three Arrows Capital (3AC). Zhu and Davies are being chased by creditors in the United States over their dragging bankruptcy proceedings

It's unclear if the creditors will accept the deal. In April, the majority of Hodlnaut's creditors expressed their desire to liquidate the company. According to a letter from the interim judicial manager (IJM), users representing approximately 55.38% of creditors, with claims of 228.3 million Singapore dollars (about $170 million), have indicated they would favor liquidation over restructuring. At the time, no source of fresh capital had been found, the letter noted.

"We see a lot of potential in the Hodlnaut platform and look forward to working closer with them," Lam told Bloomberg in an email.

Hodlnaut halted withdrawals in August 2022 as a result of a liquidity crisis. Since then, it has been under judicial management, under Singaporean law, which temporarily shielded it from legal action. “We are aiming to avoid a forced liquidation of our assets as it […] will require us to sell our users’ cryptocurrencies such as BTC, ETH and WBTC at these current depressed asset prices,” the company said at the time.

Magazine: Deposit risk: What do crypto exchanges really do with your money?

Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment

3AC co-founder rejects jurisdiction of bankruptcy court, claiming he renounced US citizenship

As Singapore does not allow dual nationality, 3AC co-founder Kyle Davies said he chose to renounce his U.S. citizenship after getting married and receiving permanent residency.

Kyle Davies, the co-founder of bankrupt crypto hedge fund Three Arrows Capital (3AC), has submitted documentation to court claiming he is fully a citizen of Singapore and not the United States.

In an Aug. 1 filing with U.S. Bankruptcy Court for the Southern District of New York, Davies provided notarized and Apostilled copies of the form applying for the renunciation of his U.S. citizenship on Dec. 15, 2020. He claimed to have received citizenship to Singapore following the issuance of a passport in January 2021 and was not “subjecting [him]self to, or accepting the jurisdiction of, the Courts in the United States.”

Court filings showed Davies renounced his citizenship at the U.S. Embassy in Singapore, citing his decision to live in the country long-term. He said he got married in 2017 to a Singaporean national, gained permanent residency, and has two children in the country. As Singapore does not allow dual nationality, he chose to renounce his U.S. citizenship.

Notarized and Apostilled documentation of Kyle Davies renouncing his U.S. citizenship in December 2020. Source: U.S. Bankruptcy Court for the Southern District of New York

The filing from Davies followed a subpoena issued at the request of 3AC liquidators aimed at gaining information on the collapse of the crypto hedge fund. Both Davies and 3AC co-founder Su Zhu were subpoenaed on Twitter — now X — in January due to their physical whereabouts being unknown, but parties have argued Davies should be held in contempt of court after he ignored the order. Zhu, a Singaporean national, would likely not be subject to the subpoena if residing outside the United States.

“Davies has not been, and cannot be, validly served with process as a non-party in this case because he has not been a United States citizen or resident since well before this case was commenced,” said an Aug. 1 filing. “Since Davies has not been validly served, the Court does not have personal jurisdiction over him. The Service Order and Compel Order were premised on the incorrect presumption that Davies is a U.S. citizen, and therefore they should be vacated.”

Related: Kyle Davies to donate future OPNX earnings to 3AC creditors for ‘karma’

The whereabouts of both Zhu and Davies following the bankruptcy filing for 3AC in July 2022 has been the subject of mass speculation and debate among crypto users affected by the market crash. Lawyers have appeared before the bankruptcy court on Davies’ behalf, but the revelation of his lack of U.S. citizenship could complicate legal proceedings. The bankruptcy court will hold a hearing on Aug. 8 to discuss the matter.

Liquidators behind 3AC are seeking to recover roughly $1.3 billion in funds from Zhu and Davies, with the firm reportedly owing creditors $3.5 billion. Amid online ire surrounding the events leading to the collapse of 3AC, Zhu and Davies launched a platform for trading claims against bankrupt crypto firms called Open Exchange. Sotheby’s has also auctioned off several pieces from a nonfungible token collection formerly owned by the 3AC founders.

Magazine: 3AC cooks up a storm, Bitcoin miner surges 360%, Bruce Lee NFTs dive: Asia Express

Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment

Singapore High Court rules crypto personal property, compares it to fiat money

Judge didn’t see any difference between crypto, fiat money or shells, as long as all those objects, physical or not, share value, created by mutual faith in it.

Cryptocurrency is deemed property capable of being held on trust, Judge Philip Jeyaretnam of the High Court of Singapore decided in a ruling on July 25. The Judge said he didn’t see any difference between crypto, fiat money or shells, as long as all those objects, physical or not, share value, created by mutual faith in it. 

Judge Jeyaretnam handed down his ruling in a case brought by ByBit against its former employee, Ho Kai Xin. ByBit claimed the staff-member transferred around 4.2 million of USDT from the crypto exchange to her private accounts. The court has now ordered Ho, who’s been accusing a non-present cousin of controlling the relevant accounts, to return all the money back to ByBit.

While the decision may seem obvious, it contains some formulations, important for the juridical status of digital assets. Judge Jeyaretnam calls the stolen USDT, as well as cryptocurrencies in general, a property. Even though they don’t have any physical presence, the Judge believes that:

“We identify what is going on as a particular digital token, somewhat like how we give a name to a river even though the water contained within its banks is constantly changing.”

He rebukes the common suspicion of crypto not having any “real” value, reminding that value is “a judgment made by an aggregate of human minds”. Jeyaretnam also classifies crypto in the category of “things in action”. In British common law, that means a type of property, personal rights over which could be claimed or enforced by legal action, and not by taking physical possession. 

Related: Singapore to require crypto firms to put user assets into trusts by year-end

In his decision, the Judge cited the consultation paper by the Monetary Authority of Singapore (MAS) that will implement segregation and custody requirements for digital payment tokens. If it is possible in practice to identify and segregate such digital assets, it should be legally possible to hold them on trust, the Judge notes.

The decision mentions Order 22 of Singapore’s Rules of Court 2021, which defines “movable property” to include “cash, debt, deposits of money, bonds, shares or other securities, membership in clubs or societies, and cryptocurrency or other digital currency.”

In May 2022, the High Court of Justice in London ruled that nonfungible tokens (NFT) represent “private property.” The experts called the decision a “great precedent” for people investing in NFTs, who might hope that the British courts would protect their property rights.

Collect this article as an NFT to preserve this moment in history and show your support for independent journalism in the crypto space.

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Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment

After $275,000,000 Crypto Investment Goes to Zero, Sovereign Wealth Fund Says It’s Avoiding Industry for Now: Report

After 5,000,000 Crypto Investment Goes to Zero, Sovereign Wealth Fund Says It’s Avoiding Industry for Now: Report

Temasek, a sovereign wealth fund owned by the Singapore government, is reportedly not interested in putting money into the digital assets industry. CNBC reports that the investment firm with a net portfolio worth $496 billion is currently avoiding crypto companies as the nascent industry faces regulatory uncertainties. Says Temasek chief investment officer Rohit Sipahimalani, “There’s […]

The post After $275,000,000 Crypto Investment Goes to Zero, Sovereign Wealth Fund Says It’s Avoiding Industry for Now: Report appeared first on The Daily Hodl.

Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment

From Thailand to South Africa, regulators tighten their grip on crypto: Law Decoded, July 3–10

South Africa’s financial regulator has announced that all crypto exchanges in the country must obtain licenses by the end of 2023.

Last week saw more rules and regulations emerge regarding digital assets. Thailand’s Securities and Exchange Commission issued new rules requiring digital asset service providers to warn customers of risks associated with cryptocurrency trading. The warning message must be clearly visible, and before customers can use the service, the business operator must arrange for the users to give consent and acknowledge the risks. Apart from a trading risks disclaimer, the new guidelines prohibit service providers from using customers’ funds for lending or investment.

The Monetary Authority of Singapore announced new requirements for crypto service providers to hold customer assets in a statutory trust by the end of 2023.“This will mitigate the risk of loss or misuse of customers’ assets, and facilitate the recovery of customers’ assets in the event of a DPT [digital payment token] service provider’s insolvency,” the authority says.

South Africa’s financial regulator, the Financial Sector Conduct Authority, has announced that all crypto exchanges in the country must obtain licenses by the end of 2023. If crypto exchanges continue to operate without a license after the deadline, the regulator intends to take “enforcement action,” which may involve fines or the closure of noncompliant firms.

In Belarus, the Ministry of Foreign Affairs is working on legal amendments prohibiting peer-to-peer (P2P) transactions in cryptocurrencies like Bitcoin (BTC). The ministry argued that crypto P2P services are “in demand among fraudsters who cash out and convert stolen funds and transfer money to organizers or participants in criminal schemes.”

Binance Australia offices were reportedly searched by the local regulator

The Australian Securities and Investments Commission conducted searches at Binance Australia locations. The investigation was part of an ongoing probe of Binance’s now-defunct Australian derivatives business. Binance’s representative did not confirm or deny to Cointelegraph whether the company’s offices were searched or whether the company was aware of a local probe. “We are cooperating with local authorities, and Binance is focused on meeting local regulatory standards in order to serve our users in Australia in a fully compliant manner,” a spokesperson for Binance Australia told Cointelegraph.

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Denmark orders Saxo Bank to erase cryptocurrency holdings

Financial regulators in Denmark are coming after cryptocurrency service providers, declaring that local banks cannot hold cryptocurrency to hedge against trading risks. The Danish Financial Supervisory Authority (DFSA) officially ordered local investment bank Saxo Bank to dispose of its own holdings in crypto. According to the DFSA, Saxo Bank offers its customers the opportunity to trade a number of cryptocurrency products through its platform. The firm also offers several crypto-linked exchange-traded funds and exchange-traded notes, the regulator said, adding that “it is possible to speculate on crypto assets.”

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Twitter receives money transmitter licenses in three U.S. states

Twitter Payments, a subsidiary of Elon Musk’s Twitter social network, appears to have received its first money transmitter licenses after Michigan, New Hampshire and Missouri approved the company’s applications. A money transmitter license allows a company to provide transfer services or payment instruments. This differs from a license to conduct sales in that it’s meant to offer consumer protections for businesses that facilitate the transmission of money from one party to another, not just the purchase of products and services.

It remains unclear at this time exactly what offerings will be on tap if and when Twitter Payments eventually rolls out. The company applied for licenses in all 50 United States states, and there’s no clear timeline for the approval process.

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Mt. Gox moves over 47,000 BTC to new wallet ahead of creditor repayment