Regulation
India’s financial regulator fines Bybit $1M, compliance status unclear
- Bybit has been fined $1.06M for PMLA non-compliance.
- India blocked Bybit sites pausing the exchange operations in the country.
- Bybit is seeking a VDASP license amid compliance confusion.
India’s financial watchdog has levied a hefty fine of $1.06 million (9.27 crore rupees) on Bybit, one of the world’s largest crypto exchanges, for failing to adhere to the country’s stringent anti-money laundering regulations.
While this move underscores India’s commitment to regulating the burgeoning cryptocurrency market, it leaves Bybit’s compliance status in a state of ambiguity.
Why such a hefty fine?
Bybit’s troubles began when it was found operating without securing mandatory registration under the Prevention of Money Laundering Act (PMLA).
According to the Financial Intelligence Unit (FIU) of India, Bybit is classified as a ‘reporting entity’ due to its services in the digital asset space.
In December 2023, the FIU identified several crypto exchanges for non-compliance with local anti-money laundering laws but Bybit was notably not among the listed exchanges.
However, the exchange continued to expand its operations in India without the required registration, prompting the FIU to take action.
Indian authorities, through the Ministry of Electronics and Communication Technology (MEITY), blocked Bybit’s websites under the Information Technology Act, 2000, effectively halting Bybit’s operations in India.
However, the suspension came after Bybit had already announced a pause in its services due to “recent developments with Indian regulators,” hinting at prior knowledge of regulatory scrutiny.
Bybit has applied for a VDASP license in India
Amidst these challenges, Bybit has been actively working towards rectifying its status in India. The exchange has applied for a Virtual Digital Asset Service Provider (VDASP) license, aiming to legally operate within India’s crypto market.
This application was completed back on June 26, 2024, indicating a proactive approach to meet regulatory requirements.
Vikas Gupta, Bybit’s country manager for India, expressed optimism about obtaining a full operations license in the coming weeks, suggesting an expectation of smoother regulatory waters ahead.
Initially, there were announcements from Bybit suggesting successful registration and fine settlement, but these were later retracted, leaving the public and stakeholders in limbo regarding the exact compliance status of Bybit in India.
India’s approach indicates a strong push towards ensuring that all financial entities, including those dealing in cryptocurrencies, adhere strictly to anti-money laundering and counter-terrorism financing norms.
Other major exchanges like Binance, KuCoin, and OKX have also faced similar regulatory actions for non-compliance with PMLA and other financial laws.
Regulation
Kraken appoints former Paxos executive as its new chief legal officer
- Kraken has appointed former Global General Counsel as legal chief
- The exchange recently gained an EU MiFID license for regulated trading
- With the new legal chief, Kraken aims to navigate US regulatory challenges
Kraken has appointed Ben Gray, former Global General Counsel at Paxos, as its new Chief Legal Officer.
The news comes a day after securing a Markets in Financial Instruments Directive (MiFID) license.
This strategic move comes as the cryptocurrency exchange aims to navigate the increasingly complex regulatory landscape while expanding its offerings in the European market.
A timely appointment
Kraken’s decision to bring Gray on board is seen as a significant step towards strengthening its legal and compliance framework.
Gray’s deep experience in the cryptocurrency sector, particularly from his tenure at Paxos where he managed legal, compliance, and enterprise risk, positions him perfectly to lead Kraken through its current regulatory challenges.
His background also includes working with Binance, showcasing his versatility in handling the multifaceted legal issues within the crypto industry.
The timing of Gray’s appointment could not be more critical. Kraken has been under scrutiny from regulators, notably from the US Securities and Exchange Commission (SEC), which accused the exchange of operating as an unregistered securities platform.
With this legal battle in the backdrop, Gray’s leadership in legal affairs is expected to be instrumental in navigating these challenges. His role will encompass overseeing Kraken’s legal strategy, ensuring compliance, and managing enterprise risks, all of which are vital for the company’s operations both in the US and abroad.
In the official announcement of the appointment of Gray, Kraken’s co-CEO Arjun Sethi expressed enthusiasm about Gray’s addition to the leadership team, emphasizing his role in scaling the business and fighting for regulatory clarity.
Sethi’s comments reflect a broader vision where Kraken not only seeks to expand its geographical footprint, but also aims to set industry standards for security, innovation, and compliance. This vision is particularly relevant in Europe, where Kraken sees substantial growth potential and where regulatory compliance can act as a competitive edge.
Regulation
WazirX Creditors Weigh Restructuring Plan That Could Revive Trading
WazirX creditors are set to vote on a proposed restructuring plan to address losses from a $235 million hack in July 2024. The vote will determine whether the exchange resumes trading or undergoes liquidation under Singapore’s Companies Act. If approved, the restructuring plan could see trading recommence by April 2025, with initial payouts starting within 10 business days.
WazirX Creditors To Vote On Restructuring Plan
According to a recent statement from the Indian cryptocurrency exchange WazirX, creditors will vote on a restructuring plan to recover losses from the WazirX hack. The proposed plan outlines a 52% immediate debt settlement, with the remaining 48% to be paid from future profits and asset recoveries.
The vote follows approval from the Singapore High Court, allowing WazirX creditors to decide the exchange’s future. If the plan is accepted by at least 75% of creditors, trading may resume by April 2025, and payouts will begin within 10 business days.
In addition, the development comes days after the Singapore High Court granted WazirX approval in late January to convene a Scheme meeting. This meeting will allow creditors to vote on the proposed recovery plan, facilitating a structured repayment of unstolen funds.
What Happens If Plan Fails?
If WazirX creditors reject the restructuring plan, the exchange will undergo liquidation under Singapore’s Companies Act. This could postpone repayments until 2030, significantly reducing the chances of full recovery for affected users.
Industry experts have warned that liquidation could lead to unpredictable asset distribution. The timeline for payouts would be extended, and the value of recoverable assets could decrease due to market volatility and operational challenges.
Planned Recovery Measures And Future Operations
To facilitate debt repayments and restore operations, WazirX plans to launch a decentralized exchange (DEX) and introduce recovery tokens. The proposal also includes periodic buybacks to stabilize the platform and improve financial sustainability.
Moreover, the restructuring plan will allocate Net Liquid Platform Assets to creditors as part of the recovery process. The company has been working closely with the Committee of Creditors (CoC) to ensure faster distribution and prevent prolonged delays in fund recovery.
The vote will determine whether the Indian exchange can resume trading or enter a liquidation process. The restructuring plan is an alternative to liquidation. It offers creditors a more immediate path to fund recovery. With over 4.4 million creditors involved, the voting process is a crucial moment for the Indian exchange
Meanwhile, WazirX continues its efforts to recover stolen funds, freezing $3 million in assets as part of its recovery plan. Founder Nischal Shetty emphasized that this is just the beginning, reaffirming the platform’s commitment to retrieving lost crypto. The exchange is working with law enforcement to track stolen assets and ensure a smooth recovery process.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
US SEC Crypto Task Force Defines Role In Push for Regulations
The Crypto Tax Force, established by Mark Uyeda, the Acting Chair of the US Securities and Exchange Commission (SEC), finally has a dedicated website. Here, interested persons, including those who wish to provide written input on the issues under the task force’s purview, can request a meeting with the agency or email a designated address.
Crypto Task Force Webpage is Live
The website details how to submit information and the kinds of documents to be submitted. One such detail is the presentation of confidential data.
“Material received will be posted without modification; the Commission does not edit personal identifying information from submissions. You should provide only written input that you wish to make available publicly,” the new crypto-focused US SEC page detailed.
There is an option for redaction in cases of obscene materials or those subject to copyright.
The Crypto Task Force is notable for its focus on clarifying the application of federal securities laws to the digital currency ecosystem market. It also recommends practical policy measures that encourage innovation and protect investors. The new task force will collaborate with SEC staff and the public to achieve its goals. Together, they hope to chart a new course for crypto regulations.
The Crypto Task Force will help draw clear regulatory lines, distinguish securities from non-securities appropriately, and craft tailored disclosure frameworks. In addition, the page highlighted that the force will provide realistic paths to registration for crypto assets and market intermediaries.
Ultimately, it hopes to ensure that investors have the information necessary to make investment decisions and that enforcement resources are deployed judiciously.
Right Time for US SEC To Define Clarity
After a four-year tenure under President Joe Biden, crypto industry leaders called for regulatory clarity. Beyond establishing the crypto task force, Uyeda appointed Hester Peirce, a pro-crypto commissioner, to head the force.
With her experience, she will help guide the market around. Responding to the new website in a post on X, she called on the public to join hands in giving clarity to crypto.
With growing applications for spot crypto ETF products, the US SEC crypto task force’s role is becoming clearer. While not stated directly, it may help decide whether offerings like Rex-Osprey TRUMP ETF, for instance, are good for consumers.
Experts have hinted that the task force will have a hand in stemming the regulatory overreach of ETF applicants.
Will US CFTC Follow US SEC?
For a long while, the Commodity Futures Trading Commission (CFTC) and the SEC have struggled for jurisdiction over cryptocurrencies. Their arguments revolve around who has more authority and control over the burgeoning digital asset sector. Both entities have consistently looked out for defaulting crypto firms to punish them for harming consumers.
The CFTC is investigating CryptoCom and the prediction marketplace Kalshi Inc. regarding their Super Bowl event contracts launch. This move is part of the roundtable Caroline Pham promised to organize to understand the industry better. It also implies the CFTC is doing its best to provide clarity in overseeing the market.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
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