Chinese Court Declares Personal Crypto Ownership Legal In Mainland China
23 November 2024 - 8:30PM
NEWSBTC
Bitcoin and crypto ownership in China have been debated and have
raised policy questions for years. But a recent Shanghai court
ruling clarified that it’s perfectly legal for citizens to hold,
buy, and sell Bitcoin or other cryptocurrencies. Related Reading:
XRP Gains Momentum: Whale Activity Points To $15 Breakthrough Judge
Sun Jie of the Shangai Songjiang People’s Court explained in an
article via WeChat that it’s not illegal for Chinese citizens to
hold cryptos, even though the courts have already ruled that
business entities are not allowed to keep, buy, or sell
cryptocurrencies at will. Jie’s insights were part of a case review
on a lawsuit involving two companies in an initial coin offering
that’s illegal in the country. Coin Offerings Remain Illegal Judge
Sun Jie’s comments were part of a case review involving two
companies engaged with digital assets in 2017. According to
records, an agricultural company expressed its intention to finance
a digital asset. It then worked with an investment company to draft
its whitepaper and issue the tokens. A Shanghai court has released
an opinion stating that the personal ownership of cryptocurrencies
is not against Chinese law, offering explicit legal clarity for
crypto holders on the mainland amid a record-setting bitcoinprice
surge. Sun Jie, a judge at the Shanghai Songjiang…
pic.twitter.com/NfclXYh3o7 — Visegrád 24 (@visegrad24) November 21,
2024 Then, the agricultural company approved a Blockchain Incubator
Agreement with the investment firm. After drafting the token’s
whitepaper, the investment company was paid 300,000 Yuan for its
services. Under this premise, the agricultural company expected
that the investment firm would release the tokens. It was the start
of a misunderstanding, leading the company to seek a full refund.
Planned Token Financing And Release Is ‘Potentially Illegal’ In
Judge Jie’s notes, the planned financing and release of these
tokens are potentially illegal. The planned initial coin offering
falls under unlawful public financing. The court has ruled that no
organization or individual can illegally finance or issue digital
assets. The complaint of the agricultural company is deemed invalid
by the court since the planned financing and token release would
have been illegal. Still, the court instructed the investment firm
to reimburse 250,000 yuan after careful evaluation. Related
Reading: Solana Market Cap Hits Milestone: $400 Price Target Gains
Traction Court Raises Risks Of Cryptocurrencies In the same notes,
Judge Sun Jie explained that holding cryptocurrencies is not
illegal. However, she explained that the Chinese government imposes
strict restrictions because of the risks involved. However, the
rules on cryptocurrencies change in business since crypto use can
impact the financial and economic order. Judge Sun Jie says these
are the primary reasons why Chinese laws impose strict rules on the
use of cryptocurrencies. China first banned initial coin offerings
and closed online crypto exchanges in 2017. The authorities
continued their campaign against crypto in 2021 and even banned
mining and other cryptocurrency-related businesses. Featured image
from DALL-E, chart from TradingView
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