Court Approves Deal between SEC and Binance.US to Avoid Asset Freeze

Monday, 19/06/2023 | 07:29 GMT by Arnab Shome
  • Binance.US agreed to limit access to US customer funds only to its employees.
  • It also needs to share detailed expense reports with the regulator.
Binance

The Securities and Exchange Commission (SEC) has reached a deal with Binance and Binance.US to circumvent the need for an asset freeze, limiting access to US customers' funds only to Binance.US employees. Additionally, the United States district court Judge Amy Berman Jackson approved the agreement on Saturday.

SEC and Binance Reached a Deal

Under the agreement, the US affiliate of Binance has to ensure that none of the officials from Binance Holdings, the global exchange, have access to private keys for wallets or hardware wallets. Binance.US needs to create new crypto wallets to which they only have access and move US customers' funds to them.

Further, none of the Binance Holdings officials can have root access to Binance.US's Amazon Web Services tools. In the meantime, US customers will be allowed to withdraw their funds.

Binance's CEO, Zhao tweeted that agreements were reached on "mutually acceptable terms."

Binance.US Avoids Asset Freeze

These restrictions came as the SEC alleged that Binance.com and its CEO, Changpeng Zhao controlled the US operations despite not holding any executive role in the country. Zhao is also the majority owner of Binance.US.

In addition to the limitation of access, the US-based crypto exchange must share detailed information about its business expenses with the regulator.

The SEC sued Binance, its two US affiliates, and Changpeng Zhao earlier this month over allegations of operating illegal trading platforms, offering unregistered crypto asset securities, and commingling customers' funds.

On top of that, the regulator filed a motion in the court seeking an asset freeze of BAM Management US Holdings and BAM Trading Services, the holding and operating firms for Binance.US, concerning that the exchange can move its customer funds to offshore wallets. However, the exchange said that such an order would mean a "death penalty" for its operations.

The representatives of the SEC and the Binance entities sat down at the table as a judge rejected a temporary asset freeze last Tuesday and forced them to negotiate a way out of it.

Meanwhile, Binance is facing troubles outside the US. Its regulated French unit reportedly faces a probe over the 'illegal' provision of crypto services and money laundering.

The Securities and Exchange Commission (SEC) has reached a deal with Binance and Binance.US to circumvent the need for an asset freeze, limiting access to US customers' funds only to Binance.US employees. Additionally, the United States district court Judge Amy Berman Jackson approved the agreement on Saturday.

SEC and Binance Reached a Deal

Under the agreement, the US affiliate of Binance has to ensure that none of the officials from Binance Holdings, the global exchange, have access to private keys for wallets or hardware wallets. Binance.US needs to create new crypto wallets to which they only have access and move US customers' funds to them.

Further, none of the Binance Holdings officials can have root access to Binance.US's Amazon Web Services tools. In the meantime, US customers will be allowed to withdraw their funds.

Binance's CEO, Zhao tweeted that agreements were reached on "mutually acceptable terms."

Binance.US Avoids Asset Freeze

These restrictions came as the SEC alleged that Binance.com and its CEO, Changpeng Zhao controlled the US operations despite not holding any executive role in the country. Zhao is also the majority owner of Binance.US.

In addition to the limitation of access, the US-based crypto exchange must share detailed information about its business expenses with the regulator.

The SEC sued Binance, its two US affiliates, and Changpeng Zhao earlier this month over allegations of operating illegal trading platforms, offering unregistered crypto asset securities, and commingling customers' funds.

On top of that, the regulator filed a motion in the court seeking an asset freeze of BAM Management US Holdings and BAM Trading Services, the holding and operating firms for Binance.US, concerning that the exchange can move its customer funds to offshore wallets. However, the exchange said that such an order would mean a "death penalty" for its operations.

The representatives of the SEC and the Binance entities sat down at the table as a judge rejected a temporary asset freeze last Tuesday and forced them to negotiate a way out of it.

Meanwhile, Binance is facing troubles outside the US. Its regulated French unit reportedly faces a probe over the 'illegal' provision of crypto services and money laundering.

About the Author: Arnab Shome
Arnab Shome
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Arnab is an electronics engineer-turned-financial editor. He entered the industry covering the cryptocurrency market for Finance Magnates and later expanded his reach to forex as well. He is passionate about the changing regulatory landscape on financial markets and keenly follows the disruptions in the industry with new-age technologies.

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