Will Singapore, Hong Kong step up crypto scrutiny as US cracks down on Binance, Coinbase?

Will Singapore, Hong Kong step up crypto scrutiny as US cracks down on Binance, Coinbase?
  • The moves by the US SEC against Binance, Coinbase spooked investment sentiment just as Hong Kong seeks to establish itself as a trading hub along with Singapore
  • Unlike Singapore and Hong Kong, the US does not have comprehensive regulations for crypto and blockchain firms to operate without fear of regulatory action

US regulatory action against two major cryptocurrency exchanges, Coinbase and Binance, is likely to serve as a reference point for Hong Kong and Singapore as they seek to balance growth with investors’ safety, analysts have said.

The crackdown is the latest in a series of measures by the US Securities and Exchange Commission (SEC), which has levied fines and other penalties against crypto-lending firms, following the collapse of one of the most-reliable crypto exchanges FTX last November that sparked public outrage.

The SEC said Coinbase had acted as a broker, exchange and clearing agency for investments without proper registration. The complaint came a day after the regulator sued Binance, alleging it had tried to evade US regulation.

Binance said the enforcement action was unwarranted and alleged it was a regulatory “overreach” that damages the United States’ status as a global financial hub. Paul Grewal, Coinbase’s general counsel, said in a statement that the company would continue operating as usual and had “demonstrated commitment to compliance”, according to Reuters.

The development spooked investment sentiment just as Hong Kong is seeking to frame regulations to establish itself as a trading hub along with Singapore, which already has such a framework.

The two cities may look at the US action as a reference point, which could mean tighter scrutiny even in the Asian hubs, analysts say.

“There will be a fallout for sure. Hong Kong and Singapore are taking measures to regulate the cryptocurrency industry by proposing new licensing regimes for virtual asset trading platforms,” said Anndy Lian, Singapore-based author of the book “NFT: From Zero to Hero”.

Unlike Singapore and Hong Kong, the US has yet to come up with a comprehensive set of regulations that allows cryptocurrency and blockchain firms to operate transparently without fear of regulatory action.

“The war that the US is waging on cryptocurrencies shows no signs of abating, and it will only intensify as time wears on,” said Julian Hosp, the CEO and co-founder of Cake Group, a fast-growing Southeast Asia’s digital assets innovator.

The regulator’s action is part of a larger trend which is likely to continue into the 2024 presidential election, Hosp said.

Industry cautions on overkill

The Securities and Futures Commission (SFC) in Hong Kong has requested feedback on a proposal that would require virtual asset trading platform operators to obtain the same type of licences as securities traders, Lian said, adding that it had asked other firms who were not applying to prepare for an orderly closure.

Securities, as opposed to other financial assets, are strictly regulated and require detailed disclosures to inform investors of potential risks.

“These developments indicate that cryptocurrency exchanges seeking approval in Hong Kong and Singapore will have to adhere to new regulatory requirements and may be subject to increased scrutiny from regulators,” Lian said.

But new regulations could help establish the legitimacy of the cryptocurrency industry and potentially attract more investors and businesses at a time people are increasingly wary of the US market, analysts said.

“The SEC’s lawsuit primarily focuses on actions that have taken place in the United States and their impact on American citizens,” said Rajagopal Menon, vice-president of WazirX, India’s leading cryptocurrency exchange.

“As for regulators in Hong Kong, such as the Securities and Futures Commission, and Dubai’s Virtual Asset Regulatory Authority, the SEC’s lawsuit can serve as a point of reference or information. However, it does not automatically alter their regulatory stance or trigger immediate action,” he added.

At the two-day Crypto Expo Asia in Singapore, attendees were unbothered by news about Binance and Coinbase, with little to no mention about the developments.

Though the US action may not have a direct impact on other regions, Menon conceded that it could potentially have some indirect influence on their decision-making processes.

Nizam Ismail, founder of Singapore-based compliance consultancy Ethikom Consultancy, said crypto investors too were likely to be more cautious about risks and the need for due diligence on intermediaries.

“These products will be subject to prudential and consumer protection requirements. In the longer term, regulatory gaps will be addressed and consumer protection measures are likely to be introduced,” he added.

The development also exposed extreme price fluctuations in the digital assets which have made many traditional investors in assets like stocks and bonds cautious about investing in the digital asset.

After initially falling to a three-month low of US$25,750 following the Binance lawsuit, bitcoin has rebounded to around US$27,000 in afternoon trade in Asian hours.

Some investors – typically traditional investors, family offices and high net worth individuals – may have been deterred by the US regulator’s lawsuits, while “die-hards” long time investors “would not care”, said Hayden Hughes, the chief executive office and co-founder of Alpha Impact, a social trading platform.

A key takeaway from the incident for Asian hubs like Hong Kong is to have “regulatory clarity”, he said, adding that Hong Kong’s decision to open up to crypto and implement regulations had been a step in the right direction.

But it is unlikely that the event would deter crypto exchanges from seeking approval from Hong Kong and Singapore authorities, he said, highlighting that the two cities would gain from establishing clear rules and a licensing framework.

“Asian hubs can focus on their core mission of protecting the retail investors. There is absolutely no incentive for regulators to move fast and break things,” Hughes said.

Industry executives urged regulators to strike a balance with the fledgling industry.

Hong Kong and Singapore were unlikely to be impacted by the developments “if there is a will on both sides” and regulators are cautious “to not overkill the opportunity”, said Thomas Tallis, CEO of TVVIN, a firm that takes real-world assets and issues them on the blockchain.

Source: https://www.scmp.com/week-asia/economics/article/3223305/will-singapore-hong-kong-step-crypto-scrutiny-us-cracks-down-binance-coinbase

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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SEC Lawsuit Heats Up the War Between Binance and the US

SEC Lawsuit Heats Up the War Between Binance and the US

The lawsuit against Binance and its CEO yesterday (Monday) has brought havoc to the cryptocurrency industry. The market prices of Bitcoin and also the publicly listed shares of crypto companies plummeted significantly. The civil changes brought by the SEC are very serious, but the exchange might face further action.

SEC’s Lawsuit against Binance

The SEC brought a total of 13 charges against Binance, its two affiliates, and Founder CEO, Changping Zhao, which includes operating illegal trading platforms, offering unregistered crypto asset securities, and commingling customers’ funds.

However, a part of the industry is not surprised by the actions of the US regulator against the largest global crypto exchange, a title that Binance has been holding for a while now.

“I think this was to be expected, and anyone that has been in the financial industry for years should have seen this coming,” Ilies Larbi, the Co-Founder and CEO at Ouinex, told Finance Magnates.

In an official response, Binance complained that the SEC abandoned negotiations with the exchange to reach a “settlement to resolve their investigations.” Earlier, the SEC settled with companies like BlockFi and Poloniex for hefty fines.

However, according to Anndy Lian, an expert and advisor on blockchain, Binance still has some options.

“In general, companies facing lawsuits from regulatory agencies such as the SEC have several options. They can choose to fight the lawsuit in court, which can be a lengthy and costly process. Alternatively, they can try to negotiate a settlement with the SEC, which may involve paying a fine and agreeing to certain conditions. Binance may also choose to cooperate with the SEC and provide information to help resolve the matter,” he told Finance Magnates.

“Zhao’s stand has always been cooperative. Being the leading crypto exchange, their next step means a lot to the whole industry.”

Are Criminal Charges on the Way?

“The charges are extremely serious, and the mere fact that the settlement route has been ignored by the SEC (despite Binance’s efforts) while requesting from the Department of Justice that Binance’s asset be frozen and repatriated is a testament to how serious the situation is,” Larbi added.

Additionally, the request for an asset freeze indicates that the SEC’s concerns against Binance’s operations are grave. FTX’s Sam Bankman-Fried also faces criminal and civil charges in the US. Both FTX and Binance allegedly solicited users’ funds, among other similar charges.

Like FTX, Zhao and Binance’s access to Binance.com and Binance.US gave them the opportunity to commingle customer assets or divert them to Sigma Chain, the market maker and trading firm said to be owned and controlled by Zhao. In addition, they allegedly merged ‘billions of dollars of investor assets’ and sent them to Merit Peak Limited, which is also owned by the Binance Founder. These funds were later subsequently transferred to a third party “apparently in connection with the purchase and sale of crypto assets,” the SEC added.

“The Commission respectfully requests that the Court order temporary and preliminary injunctive relief, including, but not limited to, asset freezes, a verified accounting, repatriation of assets, expedited discovery, preservation of documents and information, prohibition on the destruction of evidence, the appointment of a receiver, alternative service, and/or any other necessary equitable relief,” the lawsuit stated.

Earlier media reports revealed that the Department of Justice was investigating Binance’s failure to implement an anti-money laundering program. Moreover, the exchange faces US investigations for allowing services to Russians, thus breaching sanctions.

“While the SEC has filed a civil action, it is likely that criminal violations have been referred to the Department of Justice as it pertains to matters such as RICO violations, Russian Sanctions violations, fraud, etc,” said Larbi.

In a separate civil lawsuit against Binance, the US derivatives market regulator called the compliance measures of Binance a “sham.” The CFTC’s lawsuit against Binance is along the same lines as its securities market counterpart.

“US regulators are taking a more firm stance towards Binance and are working to enforce compliance with US securities laws,” Lian added. “On the other hand, when I spoke to my counterparts in US who are mainly professional investors, they are supportive of Binance and see them as a force that could challenge SEC and give people more choices to take control of their own money.”

More Incoming Regulatory Actions?

Binance operates on a global scale. While the exchange has obtained several regulatory licenses over the past couple of years, it has operated in many jurisdictions without permission for years.

Now, the SEC’s action might encourage other global regulators to take action against the exchange.

“Many regulators across the globe will look to the US for direction on this, and we are slowly seeing many regulators across the globe following this trend,” said Remonda Kirketerp-Møller, the Founder and CEO at Muinmos. “At the end of the day, it’s about investor protection, and the US does this very well.”

Recently, the Australian financial market regulator revoked the license of Binance Derivatives.

The Goal of Binance

Zhao, a Canadian national of Chinese origin, established Binance in 2017. In its early days, the exchange operated without a license, and Zhao publicly boasted that it had no headquarters.

On top of that, the lawsuit mentioned earlier internal statements from top Binance executives, including Zhao, indicating the goal of the exchange is to avoid regulations.

Zhao allegedly designed and implemented a multi-step plan to surreptitiously evade US laws. A Binance Chief Compliance Officer even admitted that: “we do not want [Binance].com to be regulated ever.”

In the early days of Binance, Zhao publicly boasted his ambitions to facilitate crypto trading with every fiat available globally. However, the US market has always been tricky with its stringent regulatory oversight, which led to the launch of its separate US affiliate.

The Binance CCO explained: “[o]n the surface we cannot be seen to have US users[,] but in reality, we should get them through other creative means.” Moreover, Zhao stated that the “goal” was “to reduce the losses to ourselves, and at the same time to make the US regulatory authorities not trouble us.”

BAM Trading officially operates Binance.US without Zhao in any of its executive roles. It is touted to be operationally independent of the global exchange, Binance.com. However, the reality is different.

The SEC found that Zhao and Binance were intimately involved in directing BAM Trading’s US business operations and providing and maintaining the crypto asset services of the US affiliate.

BAM Trading employees referred to the controls of Zhao and Binance on the company as “shackles” that prevented them from understanding and freely operating the US platform. A former CEO of BAM Trading even told Binance’s CFO that her “entire team feels like [it had] been duped into being a puppet.”

Indirectly, Zhao holds majority ownership of Binance.US, which operates in the US with money-transmitting licenses.

Zhao's ownership in Binance

“Whether Binance fights this in court or not is irrelevant at this stage,” Larbi added. “The consequences are going to be, at best, being banned from the USA with fines that mirror Binance’s size.”

“We are only starting to see the tip of the iceberg, and mid-term consequences could go as far as the closure of the Binance operations globally. At the very least extreme consolidation of their operations and reduction in size.”

Gold-i’s Tom Higgins believes the lawsuit will “end Binance US eventually but will not have as much impact on Binance globally.”

The Fall of a Mammoth?

Binance’s strategy worked for years as the exchange became the largest globally in terms of crypto trading volume. The peak of its dominance hit last February when it controlled 57.5 percent of the average monthly volume on the world’s crypto exchanges, according to CCData. However, by the end of April, it dropped to 43 percent.

Binance's market share

“Crypto, in general, started as a completely unregulated activity which led first movers such as Binance to onboard clients initially with barely a name and an email. That already set the scene for extreme risk exposure once regulations kicked in. Now the reality is that Binance has not been getting away with these violations. Investigations take time, and this one has been going on for over four years now,” Larbi said.

The Crypto Industry Is Taking the Heat

Though on the surface, the lawsuit is only against Binance, it directly or indirectly hinted at actions against other crypto projects.

One of the major allegations of the SEC against Binance and its US affiliate is for offering and selling unregistered tokens and stablecoin, BNB and BUSD, respectively, to US customers. However, the lawsuit categorized ten other cryptocurrencies as unregistered securities – Solana’s SOL, Cardano’s ADA, Polygon’s MATIC, Filecoin’s FIL, Cosmos’ ATOM, Sandbox’s SAND, Decentraland’s MANA, Algorand’s ALGO, Axie Infinity’s AXS and Coti’s COTI tokens.

With these new additions, the SEC is now categorizing 61 cryptocurrencies in total as unregistered securities. The regulator is already fighting a long-running legal battle with Ripple on the status of XRP.

The SEC’s lawsuit against Binance came after the exchange was hit with a Wells Notice seeking clarification for its alleged lapses. Another crypto exchange that was served with the Wells Notice is Coinbase.

“We observe that several of the details of the lawsuit that the commission filed against Binance echo those it previously filed against crypto exchanges Bittrex and Kraken, and we believe these cases, in aggregate, represent a preview of the action that is likely to be filed against COIN,” Berenberg’s analyst, Mark Palmer wrote in a note.

Furthermore, Coinbase admitted that it is expecting enforcement action following the Wells Notice. The American exchange is fighting a legal battle with the SEC over its regulatory decision-making processes.

The share price of Coinbase dropped 10 percent following the announcement of the lawsuit against Binance.

“Any large exchange that performs all of the trading functions in one place is in danger,” Higgins added. “The traditional finance world separates responsibilities like execution, prime broking, and custody for good reasons. Big crypto exchanges want to own it all, and this will not fly in the long term.”

The Market Reaction

The SEC’s formal allegations against Binance triggered its users to withdraw funds. According to Data from Nansen.ai, Binance and its US affiliate endured about $790 million in net outflows in the past 24 hours, which is the highest since mid-March.

However, Seoul-based crypto analytics firm CryptoQuant pointed out that the outflows remain within historical norms.

“The Crypto market is only now entering its regulated era,” Kirketerp-Møller added. “Crypto firms will have to adjust and “change their mindset,” if you like, from an industry operating at the peripherals of the financial sector to now occupying its main avenue, and as such also very much in the “regulators’ eye.” A similar process happened in recent years in CFDs; for example – we see a lot of online investment firms adopting our mPASS™ solution, which automatically classifies investors and performs cross-border suitability and appropriateness checks. In the past, only a handful of firms applied mPASS™, seeing it as a “luxury”; now it’s the standard and the only way to protect both investors and secure compliance of the institution.”

Itai Sadeh, the CEO of iFOR Fintech the technology arm of the iFOREX Group, said: “The complaint brought by the SEC against Binance, its controlling shareholder Changpeng Zhao and other companies under Zhao’s control, proves the importance of having well structured and strong compliance procedures and functions, which includes robust KYC procedures. US regulations are very strict on the ability of offshore brokers to accept US clients and regulators in the US are swift in enforcing such restrictions. Companies who are not licensed in the US should implement both technological and human measures in order to verify that US clients cannot access overseas trading platforms and that KYC processes are in place to detect and block any US client who manages to circumvent such restrictions.”

“If the SEC allegations that Binance has intentionally allowed US clients to onboard onto Binance’s unregulated platform are proven to be true, Binance and Zhao may face severe consequences.”

Source: https://www.financemagnates.com/cryptocurrency/sec-lawsuit-heats-up-the-war-between-binance-and-the-us/

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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A Bullish Job Market In The US May Inspire More Crypto Adoption, NFT Expert Says

A Bullish Job Market In The US May Inspire More Crypto Adoption, NFT Expert Says

Anndy Lian, the author of “NFT: From Zero to Hero,” considers last week’s jobs data report — which showed a remarkable increase in non-farm payrolls and a marginal uptick in the unemployment rate — to be a potential catalyst for cryptocurrency adoption.

“Positive job data may influence governments to adopt a more favorable stance towards cryptocurrencies,” Lian told Benzinga.

The crypto industry presents an irresistible opportunity for economic development and innovation, he added.

See Also: U.S. CFTC Asks For Public Input On Digital Asset Risk Management – ‘The Commission Needs To Revisit Our Regulatory Oversight’

Lian also lauded Hong Kong for its proactive approach to fostering the growth of the web3, blockchain, and crypto industry.

StandardDAO‘s Aaron Rafferty, however, says the positive jobs report does not necessarily signify a considerable shift in the economic crisis currently impacting global markets.

Investment in blockchain companies has declined significantly as capital firms shift focus to artificial intelligence (AI) technologies.

“Given that crypto assets and the blockchain sector, in general, has been trending sideways over the past year, there is nothing in this report that would indicate a significant change to that trajectory,” Rafferty said.

Liberty Blockchain COO Christopher Alexander explained that while Bitcoin (CRYPTO: BTC) follows the trends of traditional markets, which have responded positively to the jobs report, ongoing fears of a looming recession could deter many large investors, curtail liquidity and hamper growth.

Raj Kapoor, the founder of the Blockchain Governance Council, drew attention to the ongoing regulatory debates surrounding cryptocurrency as a substantial obstacle to crypto startups’ ability to capitalize on positive economic signals.

Kapoor blamed the Federal Reserve’s aggressive monetary policy, which aims to rein in inflation by raising interest rates, as an additional near-term issue for crypto given the existing macroeconomic environment.

 

Source: https://uk.investing.com/news/cryptocurrency-news/a-bullish-job-market-in-the-us-may-inspire-more-crypto-adoption-nft-expert-says-3042452

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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