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How much of a bitcoin’s value can Hong Kong investors claim when the city’s oldest cryptocurrency exchange goes bust?

  • Hong Kong cryptocurrency exchange Gatecoin’s wind-up highlights gloomy outlook for investors in recovering their cryptocurrency assets
  • Recovery of up to US$1.05 billion of losses globally hinges on proof of legal ownership

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Aurelien Menant, CEO and founder of Gatecoin Limited, poses for a photograph at the office, Wan Chai. 30JUL14

Gatecoin, one of Hong Kong’s first cryptocurrency exchanges, was ordered to wind up last month, ending six years of a tumultuous business that included losing US$21.4 million in clients’ assets during a May 2016 hacking theft, and having its accounts shut by nine of the city’s banks.

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Given the nature of how cryptocurrencies are held at cryptocurrency-exchanges, plus the fact that virtual asset trading today remains unregulated, aggrieved investors – Hong Kong residents make up 40 per cent of Gatecoin’s clients – would face a long, challenging liquidation process with a dim recovery outcome, insolvency and legal experts said.

The way most cryptocurrency-exchanges hold clients’ assets under their own digital signature – which identifies the exchange as the owner of the cryptocurrency assets rather than the clients – means that by definition, all cryptocurrency assets are commingled, or not segregated, said Peter Greaves, a partner at PwC’s China and Hong Kong restructuring and insolvency team.

“Even if these assets are stored in a cold wallet, once it is registered on the blockchain under the exchange’s name as it holds these tokens on behalf of its clients, in a liquidation scenario these assets still belong to the cryptocurrency-exchange,” said Greaves. Cold wallet is a cryptocurrency storage device that allows for the keeping of digital asset offline.

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Some have argued that this provides additional safety to cryptocurrency asset owners compared to hot wallet, which is connected online and thus, more exposed to cybersecurity risks.

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