Binance Wins Court Relief on Investment and Custody Rules

As a seasoned financial analyst with extensive experience in the cryptocurrency industry, I view this court decision as a positive development for Binance (BAM) and potentially the wider crypto exchange landscape.


A US court has granted Binance (BAM) some leeway in complying with a previous consent order by lifting restrictions that prohibited the exchange from investing its corporate assets with external advisors, placing certain customer funds in US Treasury bills, and transferring crypto assets to a non-affiliated custodian.

The rationale behind the recent judgment arises from a request made by BAM to adjust a previous settlement agreement (Case 1:23-cv-01599-ABJ-ZMF). Yet, the court order seems to imply that certain constraints may have been imposed on BAM’s investment and safekeeping procedures according to the original consent decree.

The court’s decree grants BAM authorization to manage their corporate funds in collaboration with external consultants, subject to certain conditions. Prior to engagement, BAM is obliged to carry out thorough background checks to confirm that the advisors have no connections to Binance. Moreover, BAM must implement measures to prohibit investments in Binance-associated entities. Lastly, they are mandated to include any investment-related costs within their monthly financial statements.

Customer Fiat Funds Get Treasury Bill Option

The order confers upon BAM the power to utilize a segment of their clients’ fiat money, which is safeguarded by custodian BitGo, to purchase U.S. Treasury bills featuring a four-week maturity duration.

With this action, BAM can earn a profit from investing these funds while still maintaining the necessary cash reserves to fulfill client withdrawal demands. Nonetheless, BAM must modify their terms of agreement and inform customers regarding their new investment approach.

Approximately two days ago, Binance provided an explanation of US Treasury bills, outlining their key features and role in financing government initiatives. They delved into the concept of T-bills and described how these financial instruments generate revenue for the authorities. Additionally, they highlighted their low-risk nature and significance within contemporary finance systems.

Third-Party Custodian Approved with Stringent Controls

One key point of the court ruling is about managing the cryptocurrency assets. According to this decree, BAM is authorized to move these digital assets to an independent US-based custodian.

stricter measures have been implemented to safeguard customer assets. It’s essential that both BAM and the designated custodian retain control over these assets as well as their corresponding private keys. Importantly, Binance itself is forbidden from gaining access to any customer assets held by the chosen third-party custodian.

Impact on Industry Uncertain

The verdict brings comfort to BAM, but its implications for the larger cryptocurrency sector are still uncertain. It’s open to debate whether this judgment will serve as a blueprint for other exchanges aiming for comparable autonomy.

The court’s openness to adjusting prior consent orders implies a possible solution for cryptocurrency platforms to maneuver around regulatory limitations.

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2024-07-19 20:37