Indian Supreme Court Scolds Government over Crypto Regulation Delay

NFTs not subject to South Korea’s Virtual Asset User Protection ActIn anticipation of the Virtual Asset User Protection Act coming into effect in July of next year, the South Korean Financial Services Commission (FSC) has issued an advance notice regarding its subordinate statutes.Photo by Ethan Brooke on UnsplashSeven specific provisionsThe subsidiary regulations under the Act detail seven specific provisions aligned with the Act’s objectives. Firstly, assets categorized as electronic securities, mobile vouchers, deposit tokens backed by the Bank of Korea’s central bank digital currencies (CBDCs) and non-fungible tokens (NFTs) will not be classified as virtual assets and hence, not regulated by this Act. However, in instances where NFTs are used as a means of payment for specific goods or services, they will be regarded as virtual assets.Secondly, banks will take responsibility for managing the deposits of users on cryptocurrency exchanges. This aligns with the Act’s requirement for virtual asset service providers (VASPs) to keep users’ funds separate from their own, either by depositing them in, or entrusting them to, reputable institutions. Under these regulations, banks are required to manage users’ assets in a manner consistent with how investors’ deposits are handled under the Capital Markets Act. This means that banks are allowed to invest VASP users’ assets only in secure instruments, such as state and local government bonds, and are also obligated to pay fees to deposit owners, taking into account the yields of these investments.80% of user assets in cold walletsThe third key aspect of the regulations is that VASPs are required to store a minimum of 80% of user assets in cold wallets, which are not connected to the internet. This is higher than the current requirement of 70%, enhancing the security measures for users of virtual assets. To calculate the total value of a virtual asset at any given time, its total supply is multiplied by its average daily price over the past year. VASPs are obligated to assess the value of virtual assets every month.The fourth regulation mandates that VASPs must enroll in an insurance plan, contribute to a rainy day fund or accumulate reserves. This is to ensure they can fulfill their compensation responsibilities in the event of incidents like security breaches or technical failures. The required preparation amount is set at a minimum of 5% of the user assets stored in hot wallets, as these are more susceptible to risks. VASPs are required to update their compensation thresholds or reserves monthly and must take any necessary actions to comply with these requirements by the next working day following the update.Information disclosure guidelinesAnother regulation addresses the issue of insider trading in the context of the virtual asset market. Under the current Capital Markets Act, information is considered disclosed when it’s made available through disclosure systems of the FSC or the Korea Exchange (KRX). However, since the cryptocurrency market lacks a similar system, the new statute provides criteria for determining when information is deemed disclosed.For instance, if a VASP, including exchanges, releases crucial information about a virtual asset on an exchange and six hours pass, that information is regarded as disclosed. This acknowledges the non-stop nature of the crypto market. Moreover, information disclosed post 6 p.m. is treated as officially disclosed after 9 a.m. the next day.Additionally, if a virtual asset issuer publishes significant information about its token on a website hosting its white paper, the information is deemed public after one day. This is conditional upon the website being publicly accessible and having consistently provided important token information for the preceding six months.These rules aim to provide clarity and fairness in information disclosure in the crypto market, adapting the principles of traditional financial markets to the unique dynamics of virtual assets.No arbitrary suspension of transactionsThe sixth regulation restricts VASPs from arbitrarily halting deposits and withdrawals of virtual assets unless there are justifiable reasons for such actions. Acceptable circumstances for suspending these transactions include situations where the VASP experiences a technical disruption in its system, where regulatory authorities instruct a VASP to cease deposits and withdrawals or where cyberattacks or similar incidents have occurred or are clearly imminent.Lastly, virtual asset exchanges are required to monitor for abnormal transactions continuously. These are transactions that show substantial shifts in the prices or trading volumes of virtual assets, particularly in response to news or rumors that could influence cryptocurrency prices. If VASPs suspect unfair trading practices, they must report to the FSC or the Financial Supervisory Service (FSS). When there is ample evidence of such activities, crypto exchanges are obligated to notify the police or the prosecutors’ office. In addition, the financial regulator has the authority to levy fines based on the prosecution’s decisions or after completing consultations with the prosecution if a year has passed since the day of the report.During the period of advance notice, which spans from Nov. 11 to Jan. 22, the FSC will seek comments from relevant organizations, experts and businesses. This process is aimed at refining the rules and regulations subordinate to the Virtual Asset User Protection Act. Moving forward, the financial authorities plan to publish a set of guidelines and Q&A materials and conduct explanatory sessions, with the goal of ensuring a smooth implementation of the Act.

Venture Smart Financial Holdings Ltd. (VSFG), a Hong Kong-based financial services firm, is strategically positioning itself to enter the growing cryptocurrency exchange-traded fund (ETF) market, with its latest reveal being an interest in launching a spot ETH ETF in Q2.Photo by Michael Förtsch on UnsplashIn a recent interview with The Block, VSFG Chairman Lawrence Chu revealed the company's plans to apply for a spot ether ETF in Hong Kong. Executing on that plan is contingent upon the successful launch and approval of its spot bitcoin ETF. Q1 launch for bitcoin ETFLast month, the firm disclosed that it is gearing up for a spot bitcoin ETF launch within the first quarter of this year. VSFG was the first to reveal such an intention within the ETF space in Hong Kong. However, competition is already starting to bubble, as subsequently, Chinese asset manager Harvest Fund announced that it has gone one better and actually filed an application for a spot bitcoin ETF product in the Chinese autonomous territory. Chu shared insights into the firm's current status, mentioning that VSFG is in the final phase of preparing its application for a spot bitcoin ETF to be submitted to the Hong Kong Securities and Futures Commission. He emphasized the rigorous regulatory discussions that precede such submissions in Hong Kong, characterizing the imminent application as being in the advanced stages, stating, “Submission [for application] is almost like when you're 95% there.” Chu acknowledged the importance of ongoing conversations with regulators, expressing readiness by stating, “but that really depends on the conversation we have with the regulator. We will be ready.” Competitive spotlight on ETF feesHighlighting the evolving landscape in Hong Kong, Chu noted that nearly 10 fund companies are exploring the launch of potential spot crypto ETFs in the city. That call echoes similar comments made recently by Livio Weng, CEO of digital assets firm HashKey. The prospect of a potential fee war among asset managers was also discussed, drawing parallels with developments observed in the U.S. bitcoin ETF market. That seems likely, given that downward pressure on spot bitcoin ETF fees in the United States has also spread to Europe where Invesco and WisdomTree have cut fees by 60% on similar products. Global ether ETPsWhile commentators such as Standard Chartered Bank speculate on the likely approval of spot ether ETF products in the U.S. by May and VSFG indicates a potential Q2 launch in Hong Kong, there are already a number of similar products out in the wild around the world. According to data compiled by crypto data aggregator platform CoinGecko, the top 10 ether funds account for $5.5 billion in value. Among them is the XBT Provider ether exchange-traded product (ETP), the world’s first Ethereum-based security made available on a regulated exchange, namely Nasdaq Stockholm in Sweden, by crypto ETP specialist CoinShares. While the race is on in Hong Kong to launch crypto ETFs, on an international basis, competition is heating up as various global fintech hubs look to kindle what is likely to make up a significant part of the ETF sector pie in the years to come.

Survey Reveals 45.9% of Korean Crypto Investors Reporting LossesAccording to a recent survey, more than half of South Korean adults have experience of owning cryptocurrency. Most of them bought crypto for investment purposes, with 33% of respondents making gains and 45.9% losing money.Photo by RDNE Stock project on Pexels2,500 respondentsThe Korea Financial Consumers Protection Foundation, a public research and education institute, conducted an online survey to assess the prevalence and trends of cryptocurrency ownership among South Koreans. The study, conducted between March 3 and March 24, 2023, encompassed 2,500 participants between the ages of 20 and 69 residing in Seoul, its suburbs, and the six major metropolitan areas. The results shed light on the crypto landscape, including ownership patterns, investment purposes, asset holdings, funding sources, and the future intentions of respondents.Crypto ownership trendsAccording to the survey, 30% of the participants currently own cryptocurrency, while 23% revealed they had previously owned crypto assets but no longer possess them, indicating that more than half of the respondents have had exposure to cryptocurrencies at some point in their lives.Among current crypto holders, 74.5% stated that they had acquired their first digital assets between 2020 and 2022, which suggests a surge in crypto purchases during the COVID pandemic period.Purpose of holding cryptoRegarding the purpose of holding crypto, 80.9% of respondents who either currently own or have previous experience owning cryptocurrency (representing approximately 43% of all participants) cited investment as their primary motivation. Furthermore, 17.4% viewed crypto as a trading instrument, while 17.8% held it for specific service utilization. (Individuals were allowed to choose multiple options.) From this result, the authors estimated that around 24.2% of all respondents currently hold crypto for investment purposes.The survey revealed the distribution of virtual asset holdings among respondents, with the values quoted in Korean Won (KRW). Among the participants, 21.5% owned less than 1 million KRW ($760), while 45.8% held more than 1 million KRW ($760) but less than 10 million KRW ($7,600). Additionally, 28.8% possessed between 10 million KRW ($7,600) and 100 million KRW ($76,000), and 3.9% held more than 100 million KRW ($76,000) in crypto assets.Funding sourcesWhen asked about the sources of funds used to purchase virtual assets, 82.5% of individuals with previous crypto ownership experiences mentioned utilizing spare funds from deposits or other sources. Meanwhile, 17.7% disclosed that they had liquidated other assets, such as stocks or real estate, to invest in cryptocurrencies. (Individuals were allowed to choose multiple options.) In addition, 7.8% of respondents acknowledged borrowing from acquaintances, with a higher rate of 11.8% among those in their 20s. The proportion of respondents who borrowed from loans was 6.2%.Among those who borrowed funds to invest in crypto, 47.6% are currently facing difficulties in repaying their loans, while 28.6% experienced repayment challenges in the past. This data suggests that a significant portion of individuals who borrowed to purchase cryptocurrencies encounter difficulties in loan repayment.Regarding the financial institutions from which respondents borrowed, 57.1% borrowed from the banking sector, while the remaining 42.9% obtained funds from non-banking entities. Encouragingly, no respondents reported borrowing from loan sharks.Cumulative returnsRegarding the cumulative returns on crypto assets, 33% of respondents who currently hold crypto reported gains, with an average cumulative return of 25%. Conversely, 45.9% reported losses, experiencing an average cumulative loss of 41.5%.When liquidating their crypto assets, 24.7% of traders made a profit, while 47.9% incurred losses. The data reveals that the proportion of individuals who suffered losses in their crypto investments was nearly twice as high as those who reported gains. Furthermore, higher age groups exhibited a higher percentage of losses compared to younger respondents. Among those who profited, the average return was 38.4%, while those who suffered losses reported an average loss of 37.5%.Future intentionsThe survey also inquired about the future intentions of respondents regarding their crypto holdings. Among current crypto holders, 80.8% expressed their intention to continue holding crypto assets. On the other hand, among those who do not currently own any crypto assets, 72.8% stated that they do not plan to purchase cryptocurrencies in the future.