Philippines Regulator Collaborates with US Counterpart to Tackle Crypto Fraud

Hong Kong SFC CEO Prioritizes Investor Protection in Crypto RegulationsAccording to a report by Chinanews, Julia Leung, Chief Executive Officer of the Hong Kong Securities and Futures Commission (SFC), participated in a seminar organized by the Hong Kong Academy of Finance (AoF). During the event, she emphasized the importance of investor protection in the formulation of guidelines for operators of virtual asset trading platforms.Photo by Kanchanara on UnsplashDevelopment of crypto in Hong KongAt the seminar yesterday, Leung discussed the development of virtual assets in the special administrative region of China. She recalled the pushback the SFC received in 2018 when it first proposed regulations for virtual asset trading platforms. Critics argued that the licensing system, demanding applicants to comply with stringent internal control and investor protection standards, might compel fintech companies to relocate their operations to other jurisdictions, such as Singapore.Market recognition of crypto regulationsDespite initial criticism, the market came to appreciate the importance of these regulatory standards, especially after witnessing the bankruptcy of several overseas cryptocurrency organizations.The guidelines for operators of virtual asset trading platforms in Hong Kong are set to take effect in June. Leung mentioned that these guidelines match market expectations and place emphasis on protecting investors. They encompass regulations for virtual asset custody, the segregation of client assets, and the avoidance of conflicts of interest. She also expressed satisfaction with the SFC’s role as a leading regulator in the virtual asset space.Crypto exchange ratingMeanwhile, Chinese blockchain news media Jinse Finance reported today the official establishment of the Hong Kong Virtual Asset Consortium (HKVAC), a private entity that rates virtual assets.It has also launched a virtual asset index and will introduce a virtual asset exchange rating system. The HKVAC Large Market Cap Cryptocurrency Index comprises the 30 leading cryptocurrencies by market capitalization. The index will be reviewed quarterly on the last day of each quarter (March, June, September, and December). The Virtual Asset Exchange Rating System will assess the credibility of trading platforms and enhance transparency and accountability in the virtual asset trading market.HKVAC was established by a team of industry experts and professional rating agencies. It brings together key stakeholders in the virtual asset industry, such as big data firms, exchanges, and institutional investors, along with the city’s licensed rating agencies. HKVAC aims to cultivate a secure environment for crypto investments and enhance the public’s understanding of virtual assets.

British multinational banking conglomerate Standard Chartered has partnered with global crypto exchange OKX in Dubai on a collateral mirroring pilot program.Photo by appshunter.io on UnsplashOff-chain collateralIn a press release published on April 10, the companies set out details of the collaboration. The initiative will facilitate institutional clients to utilize digital assets and tokenized money market funds for trading as off-chain collateral. Trading activity requires the ongoing movement of funds and assets between custodians and exchange platforms. The activity is expensive and slow. Back in 2023, OKX had collaborated with crypto custodian Komainu and asset manager CoinShares to enable collateral mirroring to overcome this operational inefficiency. In that instance, CoinShares was enabled to trade on OKX using a collateral mirroring facility provided by OKX with Komainu acting as asset custodian. This latest initiative has also seen OKX work with alternative investment management firm Brevan Howard, global investment management company Franklin Templeton and local regulator in Dubai, the Virtual Assets Regulatory Authority (VARA).  Developed within regulatory frameworkThe collateral mirroring facility has been established on a pilot program basis to start with, having been developed within the regulatory framework established in Dubai by VARA. Standard Chartered will act as the digital asset custodian as part of the arrangement.  The press release points out that Standard Chartered is a Globally Systemically Important Bank (G-SIB), asserting that this will afford clients a higher level of security. By not having to manually move the digital assets, there is an additional security-related process improvement, given the ongoing risks associated with digital assets held on exchanges due to incidents of hacking. Hong Fang, OKX president, provided some insight into why the company has partnered with Standard Chartered, stating:”By leveraging Standard Chartered's position as a top custodian globally, as well as OKX's market leadership in cryptocurrency trading, the partnership sets an industry standard for current and potential institutional clients to deploy trading capital at scale in a trusted environment." OKX CEO Star Xu outlined on X that the service offering is geared towards tokenized money market funds with the aim of improving capital efficiency and counterparty risk protection. Standard Chartered launched its crypto custody services in Dubai last September. The service was established in partnership with Brevan Howard Digital, having been licensed by the Dubai Financial Services Authority (DFSA), the independent regulator for financial service providers located within the Dubai International Financial Centre (DIFC), an economic free zone. In October 2024, OKX selected Standard Chartered as its digital asset custodian for the crypto exchange platform’s institutional clients. First clientsBrevan Howard Digital and Franklin Templeton will participate as the first clients to trial the new service offering. Furthermore, as part of the collaboration, OKX platform users will gain access to tokenized on-chain assets developed and offered by Franklin Templeton. Franklin Templeton’s head of digital assets, Roger Bayston, commented on the firm’s on-chain product offering, stating: “By ensuring assets are minted on-chain, we enable true ownership, allowing them to move and settle at blockchain speed – eliminating the need for traditional infrastructure.”

The Need to Distinguish Between Security and Non-Security Virtual AssetsWith the recent enactment of the Virtual Asset User Protection Bill in South Korea, there is a need to lay out criteria for determining whether virtual assets qualify as securities, says Kim Ja-bong, a senior research fellow at the Korea Institute of Finance, in his report titled “The Implications of Determining Which Virtual Assets Constitute Securities and Investor Protection” released on Saturday.Photo by Shubham Dhage on UnsplashThe implications of the Virtual Asset User Protection ActThe Virtual Asset User Protection Act — which will take effect in July of next year — aims to protect customer assets, establish regulations against unfair trading practices, and enforce penalties. Notably, it will target virtual assets that are not securities, deeming it necessary for regulators to determine if virtual assets qualify as securities or not in order to enforce the bill. Assets with characteristics of securities will fall under the jurisdiction of the Capital Markets Act.Therefore, if the Virtual Asset User Protection Act does not provide sufficient investor protection, issuers may be incentivized to issue non-security assets rather than security assets to avoid the regulations of the Capital Markets Act. This further necessitates the act of distinguishing between virtual assets that are securities versus those that are not.Determining if a virtual asset is a security or notThere are two approaches to do this, according to Kim: the passive approach, which avoids considering a virtual asset as a security whenever possible, and the active approach, which treats a virtual asset as a security whenever applicable.He argues that it is better to focus on whether an investment contract qualifies as a security if it is considered an investment contract, rather than simply selecting a specific approach.Furthermore, the nature of virtual assets renders them unbound by national borders, so it is necessary to establish assessment criteria that correspond with international standards, such as those used in the US and Europe.This is especially important because if the criteria differ from international standards, there is a risk of domestic investors suffering damages due to an issuer’s pursuit of regulatory arbitrage between countries.Equitable recognition and potential for security tokensAccording to Kim, the importance of determining whether virtual assets are securities lies in ensuring that security tokens receive the same recognition and trading treatment as traditional securities such as stocks. With such a measure, security token offerings can serve as an efficient and reliable method for raising funds. Although there may be concerns that such a regulation may hinder the development of virtual assets, it may well be an opportunity for security tokens to be qualified and trusted as high-quality financial instruments just like existing securities, Kim claims.Even for virtual assets that are not considered securities, there are many types of assets that are financial in nature, such as e-money tokens — therefore, it is necessary to actively protect investors in non-security virtual assets through financial regulations such as reinforcing disclosure obligations, which is being done in the EU through the Markets in Crypto-Assets Regulation (MiCA).Empowering regulators for enhanced investor protection and market integrityKim underscored that investor protection and healthy growth of the virtual asset market are made possible mainly through expanding regulators’ authority to protect economic interests and prevent damages. The author also suggested institutional reforms that grant regulators substantial authority, which would enhance their ability to protect investors effectively and provide compensation for damages.He added that regulators should also have the authority to enforce liability for damages or impose civil penalties for unfair trading practices conducted using classified information.