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Korea Securities Depository Spotlights the Significance of a Security Token Platform

Policy & Regulation·June 14, 2023, 8:09 AM

During a press conference held today in Seoul, Chairman Lee Soon-ho of the Korea Securities Depository (KSD) highlighted the need for developing innovative financial infrastructure, including a security token platform, as reported by local tech news outlet etnews.

Photo by JEONGUK -on Unsplash

 

Blockchain-based securities

In recent times, there has been a surge in demand for blockchain-based securities, prompting the South Korean government to issue guidelines on security tokens in February of this year. Consequently, securities firms, fractional investment platforms, and technology companies have been collaborating to form consortia.

The KSD has been actively studying the legislative and institutional aspects of security tokens to establish a foundation for their widespread acceptance. Furthermore, it has devised a mid-to-long-term roadmap for the security token platform. Since February, the KSD has been spearheading a security tokens council with an aim to develop a business model for a security token platform starting in July.

 

KSD’s role

Specifically, the KSD intends to provide feedback on subsequent legislative revisions pertaining to security tokens, review security token registrations, and establish methods for managing the total volume of security tokens under the Act on Electronic Registration of Stocks and Bonds.

Additionally, the KSD aims to expedite the construction of a new system for the capital market infrastructure. This endeavor entails revamping the operational system to enable flexible responses to internal and external changes, as well as creating a smart workplace suited for the digital era.

Since its establishment in 1974, the KSD has played a crucial role in supporting the development of the Korean capital market by providing diverse securities services, including the issuance and distribution of securities. Nonetheless, participants at the conference concurred that the agency needs a fresh vision and strategy to maintain its position in the future.

Chairman Lee emphasized that the agency’s 50th anniversary will take place next year, prompting a thorough assessment of its current status and the formulation of a new vision and strategy to adapt to the ever-evolving financial landscape. As part of these efforts, he underscored the recent establishment of a task force dedicated to devising future plans.

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Web3 & Enterprise·

Dec 14, 2023

NiceHash targets Asian market through EasyMining platform launch

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Policy & Regulation·

Oct 26, 2023

The Legal Future of South Korea’s Crypto Industry: Necessary Legislation and Systems

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Han Suh-hee, a lawyer at Barun Law Firm, emphasized that it is important to determine what kind of information should be disclosed. She argued that it is necessary to discuss to what extent information about virtual asset issuers should be disclosed and whether mandating firms to disclose their financial and business conditions is efficient.In particular, Han underlined the need to consider the differences between virtual assets and stocks when establishing a framework for the disclosure of virtual assets holdings. Unlike stocks, virtual assets possess distinctive characteristics like their borderless and decentralized nature, unclear issuer backgrounds, and the ability to conduct peer-to-peer (P2P) transactions.Lee Han-jin, a lawyer at Kim & Chang Law Firm, added that the enactment of Korea’s Virtual Asset User Protection Act was aimed at establishing a system directly targeted at regulating virtual assets and virtual asset service operators (VASPs) — a significant development from the Financial Transaction Reporting Act, which had until now been the only legal framework responsible for regulating VASPs along with other entities like casino business operators. Virtual assets are now subject to a more systematized regulatory approach.However, he said that the Virtual Asset User Protection Act still has its setbacks because it is undergoing a two-stage legislative process. Lee criticized the fact that the same definition of VASPs outlined in the Financial Transaction Reporting Act had been brought over, which limits their identity to transaction intermediaries, wallet operators, and custodians while overlooking their other roles like crypto management, crypto deposits, and crypto collective investments.Lee also pointed out another weakness: the scope of prohibition on using undisclosed information and market manipulation is broader in the Virtual Asset User Protection Act than in the Capital Markets Act. He argued that enforcement decrees should stipulate the definition of insiders and exceptional cases when deliberating on the prohibition of insider virtual asset trading.Lee thus emphasized the need for a clear definition of virtual assets in the Virtual Asset User Protection Act, as it is yet unclear whether they are objects or assets. All things considered, he believes there must be a law that can encompass blockchain-based decentralization, outline the similarities and differences between digital assets and financial products, and accommodate new services that utilize smart contracts.“We are in the process of creating a regulatory system similar to those being adopted in other countries based on their respective markets,” said Lee Seok-ran, head of the Financial Innovation Bureau at the Financial Services Commission (FSC). “Unlike the stock market, which is equipped with regulations to prevent fraudulent transactions and misconduct, virtual assets are traded on multiple exchanges, so we are considering how to interpret unfair trading activities and conduct market surveillance.”She explained that the commission is prioritizing user protection measures and subordinate regulations. “I believe we will be able to create a system for subordinate regulations on disclosure once an overall global trajectory is established. But before that happens, we are working on guidelines for defining unfair trading activities with regulators and the Digital Asset eXchange Alliance (DAXA).” Unfair trading activities associated with virtual assets include not only those conducted on exchanges but also under other circumstances.The FSC officer said that the financial authority is set to establish legal criteria to distinguish cases such as false statements in white papers of crypto projects. She added that enforcement decrees will define both the conditions for restricting deposits and withdrawals on crypto exchanges and the corresponding limits.

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