Crypto
Landmark ruling highlights need for Hong Kong’s crypto regulatory framework
The cryptocurrency industry has, at times, been described as a financial “Wild West”, freewheeling, volatile and resistant to regulation.
But the protection of investors and the development of an attractive environment for virtual assets are not mutually exclusive.
Hong Kong, with its aspirations to become a Web3 business hub, should be setting an example. The city has started work on a regulatory framework, intended to boost investor confidence, and is developing new rules.
When disputes arise, the courts also have an important role to play. Earlier this month, a landmark High Court ruling, described as a world first, took a step towards greater transparency and accountability.
The case concerns a battle over the ownership, management and control of a cryptocurrency finance project involving a decentralised autonomous organisation (DAO) that uses blockchain technology.
Plaintiffs who conceived and set up the project claim they delegated management to employees who then “misappropriated” its business and assets.
This is disputed by the defendants, who argue the ultimate decision-making power lies with purchasers of digital tokens, through voting rights, rather than any individual or entity.
The ownership issue is yet to be decided. But the court ruled, with the trial pending, the defendants must make the platform’s financial accounts available. This will be vital to any assessment of damages and preserves the status quo until the case is decided.
But the judge also referred to the importance of proper financial records being kept. This is fundamental to the running of a sound business and necessary to demystify the opaque nature of blockchain.
The ruling provides clarity and is consistent with the principle that new legal entities in the cryptocurrency field must be open to scrutiny.
As the judge said, the courts have little experience in dealing with disputes of this kind. But as the industry rapidly develops, we can expect more such cases in the future.
The ruling has led to a call for the government to regulate blockchain-based entities as part of ongoing efforts to attract investment and talent in the field.
This must be considered as the city moves forward with other regulatory measures, which include issuing licences for cyber currency platforms and amending laws to regulate stablecoins.
There is a need to strike the right balance between protecting investors and appealing to the industry. The scandal involving the JPEX platform, with more than HK$1 billion (US$128 million) in losses, is still fresh in the minds of Hong Kong people.
The city cannot afford to be complacent as it develops a regulatory framework while pushing ahead with efforts to make Hong Kong a centre for virtual assets.
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Strategy buys even more Bitcoin—$264 million of it—even as Bitcoin slumps to $87,000. | Fortune
Despite the current downturn for crypto, Strategy added even more Bitcoin to its collection. The company bought more than 2,900 Bitcoin last week, bringing its total to over 712,000, according to an X post by cofounder Michael Saylor. The move follows a more than $2 billion purchase earlier this month.
Strategy is the first and biggest digital asset treasury, or a type of company that acquires and holds on to large amounts of crypto. Saylor’s company began investing in Bitcoin in 2020 and now holds more than 3% of the total supply. This business model has confronted major challenges in the past few months, as the largest cryptocurrency has plummeted since its all-time high in October. Bitcoin is worth about $87,000, down about 31% since then, according to Binance.
One analyst views Saylor’s purchase as expected, considering the company’s business strategy, which is to continually amass Bitcoin on the theory it will appreciate in the long term, and to time purchases to coincide with market dips.
“It’s not surprising for me to see that they’re really aggressively continuing to purchase [Bitcoin]”, said Nathan Schmidt, an analyst at CFRA Research. “It is certainly the playbook for them these days.”
Bitcoin’s fall from its all-time high of about $126,000 in October was caused in part by a flash crash in the fall, where crypto traders lost more than $19 billion in their positions. Misfortunes for digital assets have only continued this calendar year. The sector dipped as tensions mounted between the U.S. and Europe over Greenland. In addition, major regulatory legislation, referred to as the Clarity Act, has stalled as major figures in the crypto industry spar over its details.
The major cryptocurrency isn’t the only one to suffer losses, as altcoins are down as well. Ethereum is down 30% in the last three months to its current price of $2,899, and Solana is down more than 38% to its price of about $124, according to Binance.
Crypto’s dip has led to disastrous returns for digital asset treasuries like Strategy. Saylor’s company stock is down about 64% since July to its current price of about $160.
Schmidt, the analyst from CFRA Research, argues that the biggest risk to Strategy is long-term declines in the value of Bitcoin. He says that the company could survive such a dip in the next few years because of its liquidity, but that over time the company would be in trouble.
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