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Pitfalls and opposing views

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Three recurring errors deserve a warning. The first is the belief that calling an arrangement "custody" makes it a trust. It does not. The word describes a service. The terms decide whether the service is performed as trustee or as debtor. The second is the belief that a trust protects against operational loss. It does not. A trust protects against the custodian's insolvency and against the custodian's creditors, but a hacked omnibus wallet is a loss shared by the beneficiaries. The third is the belief that the MAS rules have made private-law analysis unnecessary. They have not. A regulatory duty to hold on trust is enforced by MAS against the licensee. The customer's proprietary claim is enforced by the customer against the liquidator and depends on the trust having been validly declared and administered.

The opposing view, held by some insolvency practitioners, is that mandatory customer trusts make rescue harder. Trust assets cannot be used to fund a restructuring. The pro rata allocation of a shortfall across tens of thousands of customers consumes the estate in administrative cost. Both points are true. The answer given by the regulator, and in my view the right one, is that customer assets were never the platform's to use and that a restructuring funded by them is a transfer from customers to shareholders and creditors. Zipmex and Hodlnaut showed what the alternative looks like (Chapter V).

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of October 2026.

Setting up or expanding in Singapore?

SingaporeIQ is edited by Dr Alexander Ressos, an international business lawyer with more than 15 years of local experience in Singapore as a permanent resident, a Singapore registered foreign lawyer and managing partner of a Singapore foreign law practice. In addition to significant experience in cross-border investments and transactions, UHNWI private client work and sanctions/export controls, Dr Ressos has extensive experience in cross-border business and in crypto and digital-asset projects in Singapore, drawn from more than 700 projects since 2017.

If you are planning a company incorporation, an investment, a holding structure or a market entry through Singapore, you can reach Dr Ressos directly at [email protected]. Singapore law advice is provided by KGP Legal LLC, a licensed firm of Singapore advocates and solicitors. Dr Ressos and his team facilitate the full range of Singapore legal, compliance and company administration services, including company incorporation, corporate transactions, commercial contracts, crypto and digital assets, financial regulatory work and dispute resolution, including litigation in the Singapore courts. For Hong Kong, our parallel site HongkongIQ.com offers the same practical guidance. For crypto and digital assets, dltreg.com covers legal, tax and fiduciary services. For legal, tax and fiduciary services in Switzerland, see helveticaregister.com.