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Korea’s Virtual Asset User Protection Act to Take Effect in July Next Year

Policy & Regulation·July 06, 2023, 3:24 AM

The Virtual Asset User Protection Bill was passed during the South Korean National Assembly’s plenary session last Friday, according to a report by news agency Newsis. The legislation aims to safeguard customer assets, establish regulations against unfair trading practices, and enforce penalties. The act is scheduled to take effect one year after its passage.

Photo by KS KYUNG on Unsplash

 

Definition of virtual assets

Under the act, a virtual asset is defined as a digital representation of economic value that can be digitally traded or transferred. It’s important to note that central bank digital currencies (CBDCs) are not considered virtual assets. Virtual assets with characteristics of securities will initially fall under the jurisdiction of the Capital Market Act.

 

Roles of Korea’s central bank

The act grants the Bank of Korea (BOK) the authority to request data and information from virtual asset service providers (VASPs). This provision is deemed necessary for the Korean central bank to formulate monetary and financial policies, despite virtual assets not being equivalent to traditional currencies.

 

Responsibilities of VASPs

Moreover, VASPs are obligated to segregate users’ virtual assets from their own holdings. VASPs are also required to reserve the same type and quantity of virtual assets entrusted by users and maintain a certain proportion of these assets in a cold wallet, which is an offline storage solution.

Unfair trading practices will be regulated in a similar manner as outlined in the Capital Market Act. The act specifically prohibits the use of undisclosed information, price manipulation, fraudulent transactions, and trading of self-issued virtual assets. VASPs are barred from suspending deposits and withdrawals without legitimate reasons. They are also mandated to monitor suspicious transactions and take appropriate measures to safeguard users. Any suspected unfair trading practices must be promptly reported to financial authorities. Violators of these rules may face criminal penalties, liability for damages, and potential class action lawsuits.

 

Powers of financial authorities

The act also clarifies the powers of financial authorities in supervising, inspecting, and taking action against virtual asset operators. Unfair trade practices can result in imprisonment for more than one year (up to 10 years for violations related to self-issued virtual assets) or fines ranging from three to five times the illicit gains. Assets acquired through unfair trade practices will be confiscated, or an equivalent value will be charged if confiscation is not feasible.

 

Impact on crypto investigations

The absence of legislation directly addressing unfair trading practices in the virtual asset market has posed challenges for prosecutors. They had to rely on existing statutes related to fraud, the capital market, and financial investments. Once the new act takes effect, prosecutors will no longer need to determine whether a virtual asset qualifies as a security or not.

Regarding this development, a prosecutor told local legal news outlet Law Times that the implementation of the new act will escalate prosecutorial investigations into cryptocurrency incidents.

Meanwhile, the individuals behind the crash of Terraform Labs’ stablecoin TerraUSD and its sister coin Luna will not be subject to this act due to the legal principle of nulla poena sine lege, which prevents the retrospective enforcement of criminal laws. Do Kwon, co-founder of Terraform Labs, was recently sentenced to four months in prison by a Montenegrin court for passport forgery after being arrested in March. The other co-founder, Daniel Shin, has been indicted by prosecutors in Korea.

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May 17, 2023

Ribbon Finance Enables Altcoin Options Trading

Ribbon Finance Enables Altcoin Options TradingSingapore’s Ribbon Finance, a project that offers a suite of DeFi protocols that help users access crypto-structured products, has enabled altcoin options trading via its Aevo decentralized exchange (DEX).The Ethereum-based platform has begun offering options relative to cryptocurrencies beyond the top two of Ethereum and Bitcoin. Examples of coins that users of Ribbon Finance’s Aevo DEX can access as options include Lido’s LDO, Sui’s SUI token, APT, the token of high throughput proof of stake-based blockchain Aptos, the ARB token of layer two Ethereum scaling network, Arbitrum and Litecoin (LTC).Trading options on-chainThe Aevo DEX project took to Twitter on Monday to announce the development. The project has named the options product “Aevo OTC,” terming it as “the best place to trade altcoin options on-chain.” The firm claims that it’s the first platform to allow users “to trade altcoin options on-chain, in size, with institutional grade liquidity providers.”To kick things off, users will be enabled in trading these altcoin options across weekly, bi-weekly and monthly maturities relative to thirteen crypto tokens. The project plans to rotate the list of coins available for options trading every month depending upon what it deems to be the most popular coins on the market at a given time.Early service adoptersAs Aevo is a DEX, it will utilize on-chain margin systems. When a user buys an option the counterparty is required to post margin of approximately 30% of the notional trade size in the form of US dollar stablecoin, USDC. That procedure is all on-chain and transparent, enabled via smart contracts.Although officially launching the product today, Aevo OTC has been used in production for a number of weeks already. Both digital assets firm Galaxy Digital and crypto-native investment firm CoinFund have already been using the product to trade options.Other early adopters of the product include DeFi R&D and liquid crypto investment strategies firm Re7 Capital and crypto options and structured derivatives firm, OrBit Markets. In fact, Galaxy and OrBit Markets, alongside GSR, are acting as market makers for the product, enabling users to get instant quotes.Developing the crypto options marketThe development means that market participants can now strategize and take advantage of trading altcoins relative to specific events that may be fundamental to a project, such as Litecoin’s halving, for instance. At a later stage, the project intends to enable users in writing options contracts to include customized margins and a specified counterparty.The crypto options market is still at a very early stage of development. Deribit has been the dominant crypto options platform. Ribbon Finance’s service rollout broadens that market, extending options trading beyond the current limited offering of bitcoin, ethereum and solana.The product is more capital efficient for market participants as its portfolio margin system calculates real-time margin requirements, in that way offsetting money-making and losing positions relative to a particular portfolio.Photo by Shubham Dhage on Unsplash

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Policy & Regulation·

Oct 17, 2023

Former PBOC Governor: CBDC Development Must Focus on Security

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Jun 05, 2025

Multiple crypto corporate treasury announcements across Asia

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