In a significant legal determination, the Jiangsu Provincial High People’s Court has ruled that investments in overseas cryptocurrency projects are not safeguarded under Chinese law. This decision underscores the nation’s stringent stance on virtual currency transactions and their associated legal protections.
The case involved a “Cooperation Agreement” between individuals identified as Tian and Pan, along with a third party, to jointly operate the “MFA Blockchain Project.” Pan transferred approximately 15.74 million yuan to Tian and the third party for the acquisition of MFA virtual currency, as stipulated in their agreement. Subsequently, Tian transferred 10.6 million yuan back to Pan. However, complications arose when the Singapore-based trading platform MEXC delisted the MFA/USDT spot trading pair in September 2020, leading to the locking of the associated virtual account and a total loss of the investment. Pan sought legal recourse, demanding the return of the remaining funds and payment of interest. The Yancheng Intermediate People’s Court initially ruled that the virtual currency trading activities were invalid, resulting in the dismissal of Pan’s lawsuit. Dissatisfied, Pan appealed the decision. Upon review, the Jiangsu High Court upheld the lower court’s ruling, emphasizing that providing services to Chinese residents through overseas virtual currency exchanges constitutes illegal financial activity. Consequently, the related civil legal acts were deemed invalid, and the court concluded that any resulting losses should be borne by the individuals involved.
This ruling aligns with China’s broader regulatory framework, which has progressively tightened restrictions on cryptocurrency activities. In September 2021, Chinese authorities implemented a comprehensive ban on all cryptocurrency transactions and mining, citing concerns over financial stability and the potential for illicit activities. The People’s Bank of China declared all virtual currency-related business activities illegal, reinforcing the country’s firm opposition to cryptocurrencies.
The Jiangsu High Court’s decision is not an isolated incident. In August 2021, the Shandong Provincial High Court ruled against a plaintiff seeking to recover lost cryptocurrency investments, stating that investing or trading in cryptocurrency is not protected by law. Similarly, in October 2024, a Shanghai court recognized cryptocurrencies as legal property, allowing individuals to hold, buy, and sell digital assets like Bitcoin. However, the court maintained that crypto-related business activities, such as token issuance and trading, remain prohibited in China.
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