The Cyprus Securities and Exchange Commission (CySEC) has suspended the voting rights of Aliaksandr Klimenka, the indirect sole shareholder of FXOpen EU Ltd, citing concerns about his influence on the company’s management. The regulator believes that Klimenka’s level of control could hinder the firm’s ability to operate in a sound and responsible manner.
Six-Month Grace Period for Governance Overhaul
CySEC has given FXOpen EU Ltd a six-month grace period to restructure its governance and address the issues stemming from Klimenka’s influence. This suspension is expected to come into full effect after the grace period, during which the company is tasked with finding a solution that will eliminate any undue shareholder control over management.
In its statement, CySEC specified, “The suspension of the voting rights tied to Mr. Aliaksandr Klimenka’s shares, held indirectly through FXOpen Ltd, will enable the firm to address governance concerns and ensure decision-making independence within FXOpen EU Ltd.”
Objective: Independence in Management
The primary goal of this regulatory intervention is to ensure that FXOpen EU Ltd’s management operates free from excessive shareholder influence. CySEC emphasized that Klimenka’s voting rights suspension is a precautionary measure aimed at maintaining the firm’s prudence and stability by removing his participation in key decisions made at shareholder meetings. The regulator suggests that the company may need to explore potential changes in ownership structure or internal governance adjustments to secure a more independent management framework.
Background and Legal Issues
Earlier this year, Klimenka faced significant legal challenges, including charges from the U.S. Department of Justice (DOJ). He was implicated in a conspiracy involving money laundering and operating an unlicensed money services business, linked to BTC-e, a digital currency exchange accused of facilitating anonymous Bitcoin transactions without proper regulatory oversight.
According to DOJ findings, BTC-e, allegedly under Klimenka’s control, operated from 2011 to 2017 and was engaged in various illicit activities, including cybercrime and online money laundering, while bypassing essential anti-money laundering requirements despite conducting substantial transactions within the U.S.
This six-month grace period allows FXOpen EU Ltd an opportunity to implement measures to ensure regulatory compliance and independence from Klimenka’s influence as it navigates these governance challenges.