Binance APAC Head Resigns Amid Regulatory Challenges

Taiwan to review crypto ETFs amid developments overseasThe Financial Supervisory Commission (FSC) in Taiwan has disclosed its close examination of foreign cryptocurrency futures products and exchange-traded funds (ETFs), signaling a potential shift in its regulatory approach.According to a report in Chinese-language financial newspaper, Taiwan’s Commercial Times, the FSC aims to gradually ease restrictions, aligning its stance with global market conditions.Photo by bordercollie 1712 on UnsplashResponding to crypto ETF activity internationallyThe Taiwanese regulator is carrying out this exploration against the backdrop of significant global developments. The possibility of the Federal Reserve cutting interest rates and the upcoming review by the U.S. Securities and Exchange Commission (SEC) of the spot bitcoin ETF in January next year are key factors influencing the FSC’s considerations.The anticipation surrounding the Bitcoin halving in April, combined with speculation that a spot bitcoin ETF approval is imminent in the U.S., have contributed to a 145% surge this year in Bitcoin’s unit price, adding momentum to that regulatory contemplation in Taiwan. There has been speculation that BlackRock, the world’s largest fund manager, is already preparing for the approval of its iShares Bitcoin Trust ETF.Recognizing the potential impact of a Bitcoin index stock fund, contingent on SEC approval and subsequent public investment permission, the FSC is closely monitoring global trends.Closer to home, it emerged last month that Hong Kong’s Securities and Futures Commission (SFC) is actively exploring the possibility of permitting retail participation in a spot crypto ETF. Domestic investment banks in Taiwan, attuned to these developments, have expressed longstanding interest in introducing similar crypto products.The FSC draws parallels with global counterparts, citing the proliferation of cryptocurrency futures products and ETFs in various markets.Cautious regulatory reviewAdopting a phased approach, the FSC emphasizes self-discipline and standards in relaxing regulations around crypto ETFs. This cautious strategy aligns with Taiwan’s historical prudence, previously observed in the delayed approval of cryptocurrency ETFs and blockchain ETFs due to concerns over volatility and speculative nature.As Taiwan contemplates a significant move into the cryptocurrency ETF domain, industry players remain cautiously optimistic. While some had considered private placements for overseas cryptocurrency ETFs, challenges such as tightened regulatory supervision and concerns over errors and price lags prompted a reevaluation.Earlier this month, ETF issuer ProShares launched its short Ether-linked ETF product on the New York Stock Exchange’s Arca, using the ticker symbol SETH. Spot bitcoin ETFs have been launched in Canada, Germany, Australia and Brazil. The products have also been made available via tax havens such as the Cayman Islands, Jersey, Liechtenstein and Guernsey.The regulator in Taiwan hints at a potential strategy involving “cryptocurrency concept ETFs.” These funds could invest in cryptocurrency-related software and hardware vendors, offering investors exposure to the industry without direct linkage to cryptocurrency price fluctuations.

Abu Dhabi Puts Forward Legal Framework for Decentralized TechAuthorities in Abu Dhabi, the capital of the United Arab Emirates (UAE) as well as an individual emirate within it, have published a proposed legislative framework for distributed ledger technology.©Pexels/redouan khoulassiThe consultation paper, titled “Proposal for a legislative framework for distributed technology foundations” was published earlier this month by the Abu Dhabi Global Market’s (ADGM) Registration Authority.Promoting investor protectionThe document covers a broad spectrum of aspects relative to digital assets and crypto entities, including corporate governance, insolvency and restructuring considerations, and data protection. The ADGM’s objective with the proposed policy is to advance investor protection, improve market integrity and efficiency, and build towards a comprehensive regulatory framework.Specific proposalsMore specifically, the policy would implicate an enhancement in the protection of whistle-blowers who report misconduct relative to ADGM-regulated companies. Under the proposal, new rules would be introduced to ensure that digital asset platforms operate in a fair and transparent manner. A requirement would be placed on regulated companies to disclose detailed information in relation to beneficial ownership and control structures. Furthermore, the policy seeks to bring about an improved dispute resolution process between the stakeholders involved in ADGM-regulated transactions.Building upon an existing frameworkThe Abu Dhabi regulator’s current legal framework is built upon English common law. It has its own financial services regulator, the Financial Services Regulatory Authority (FSRA) which operates independently and is responsible for supervising and licensing financial institutions and market participants. The FSRA takes a principles-based approach, regulating those market actors attempting to maintain financial stability and integrity, promote market competition and innovation and ensure customer protection.ADGM has sought to act on an international basis by signing agreements with regulatory bodies in the UK, Hong Kong and Singapore, in an effort to enable information sharing and cross-border cooperation.Regulatory activityAt a national level, earlier this year the UAE enacted a digital assets regulatory framework. Earlier this week, the UAE also revealed a federal licensing system for crypto companies. In February, work began on a $2 billion initiative to nurture blockchain and Web3 startups via Hub71, the emirate’s tech ecosystem. The initiative provides startups with access to a broad range of support services as well as potential collaborations with government and investment partners.According to the document, “this Consultation Paper is of interest to any persons operating or planning DLT projects, persons engaging in digital asset-related activities and their legal advisors, as well as DLT participants, associations, and stakeholders.”With that, the ADGM is inviting comments and feedback from members of the public on the proposed changes contained within the consultation paper. To aid public comment, the policy document includes a number of questions that it invites stakeholders to consider as they work towards submitting their feedback.Those interested have until May 12 to take the opportunity to submit their comments and views relative to the Abu Dhabi regulator’s proposed framework.

StashAway Malaysia, a Malaysian Securities Commission (SC)-licensed digital investment platform, has extended its market offering to include crypto exchange-traded funds (ETFs) within the Southeast Asian nation. Malaysian daily English language newspaper the Sun reported on Jan. 22 that StashAway will enable Malaysians to invest in two top-tier cryptocurrencies, Bitcoin (BTC) and Ethereum (ETH), through its regulated platform.Photo by Traxer on UnsplashFidelity productsThe company is providing its Malaysian clientele access to crypto investment products offered by American multinational financial services company Fidelity Investments. These include the Fidelity Wise Origin Bitcoin Fund (FBTC) and the Fidelity Ethereum Fund (FETH). StashAway Malaysia Country Manager Wong Wai Ken explained the company’s rationale in adding the two products. He stated: “Many of our clients have expressed interest in the long-term potential of major cryptocurrencies like Bitcoin but have been hesitant because of security concerns or the complexities of navigating crypto exchanges. We’re now offering them a familiar and safe way to diversify their portfolios by incorporating crypto through a platform they already know and trust.” On a previous occasion, Wong told the Sun that its role is to help investors to diversify their portfolios. Adding access to cryptocurrency fits that objective. The StashAway executive believes that while there may be growing mainstream adoption of cryptocurrency, many investors are turned off gaining exposure due to the risks involved with self-custody or the fees and counterparty risk involved with cryptocurrency exchanges. StashAway charges management fees ranging from 0.2% to 0.8%. The Fidelity crypto ETF products will be offered with a 0.25% annual management fee.  Last June, Malaysian commercial bank Affin Bank became the first entity to offer a crypto ETF in Malaysia. The bank partnered with local fund management company Cross Light Capital to launch the actively managed digital asset fund. Titled the “Performa Digital Asset Fund,” the product incorporates investment in Bitcoin and Ether exchange-traded products (ETPs), with the remaining third invested in blockchain-related equities. The approval of eleven Bitcoin ETFs in the United States led to greater consideration for the approval and addition of such products internationally. However, in the first few months following the launch of these products, regulators, exchange platforms and asset management firms still remained cautious.  In March of last year, Bursa Malaysia, Malaysia’s stock exchange, dismissed the notion of adding cryptocurrency to its multi-asset exchange. Within the region, regulators in Singapore and Thailand both dismissed the idea of enabling Bitcoin ETFs within their markets.  Since then, Thailand’s regulator has moved closer in its consideration of such a product offering. In the case of Malaysia, earlier this month, the country’s Prime Minister, Datuk Seri Anwar Ibrahim, called for stakeholders such as the central bank to focus on cryptocurrency so that the Southeast Asian nation doesn’t get left behind. StashAway is headquartered in Singapore. Besides Singapore and Malaysia, the company also serves investors in Thailand, the United Arab Emirates (UAE) and Hong Kong. The digital platform has 50,000 users in Malaysia, where it serves retail and accredited investors. The company was the first robo-advisor platform to acquire a Capital Markets Services License from the SC in Malaysia.