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Upcoming Regulatory Framework in Taiwan Sees Crypto Exchanges UniteIn preparation for the impending arrival of a regulatory framework for cryptocurrencies in Taiwan, nine prominent cryptocurrency firms have announced their collective efforts to establish an industry association.The nine exchange businesses announced the development via a press release which was published on Tuesday. The move comes in anticipation of Taiwan’s Financial Supervisory Commission (FSC) releasing comprehensive guidelines on cryptocurrency trading and payments by the end of September.Photo by Timo Volz on UnsplashDeveloping regulatory environmentThe industry body will include participation from native exchanges such as MaiCoin, BitoGroup, and ACE. While Taiwan has been behind the regulatory curve until now where crypto is concerned, the one measure that the FSC had already taken steps to mandate was that virtual asset services providers (VASPs) in Taiwan must adhere to the country’s anti-money laundering (AML) regulations. However, numerous other intricacies unique to the cryptocurrency industry still require careful consideration and regulation.Authorities in Taiwan have also put forward ten guiding principles for VASPs, designed to protect Taiwanese consumers.The forthcoming guidelines aim to address these concerns by introducing a comprehensive set of rules inspired by the VASP licensing framework in Hong Kong. One of the primary focuses of these proposed guidelines is consumer protection. They advocate for specific hot and cold wallet ratios for customer deposits with cryptocurrency exchanges, a measure designed to safeguard customer funds. Additionally, the guidelines suggest mandatory insurance against user losses to further enhance consumer confidence.Moreover, the FSC’s guidelines intend to prevent offshore cryptocurrency exchanges from operating onshore in Taiwan without proper compliance registration. This step aims to ensure that all participants in Taiwan’s cryptocurrency market adhere to uniform standards.In a bid to stabilize the Taiwanese financial system and prevent deceptive advertising practices, the guidelines also propose a ban on stablecoins linked to the Taiwanese dollar and impose restrictions on foreign exchange advertising within the country.Enabling self-regulationRegulators have also proposed the classification of crypto regulations within their own novel business category. As part of that initiative, officials expressed an interest in fostering self-regulation. The formation of this industry group could be deemed to be an encouraging sign relative to that aspiration.The nine cryptocurrency firms forming the industry association have established a working group led by Winston Hsiao, Co-Founder of XREX. This group aims to expedite the development of self-regulatory rules based on the forthcoming FSC guidelines.Wayne Huang, another Co-Founder of XREX, expressed his hope that the new FSC guidelines will provide the cryptocurrency industry with legitimacy, oversight, a clear growth trajectory, and an accelerated path to earn public trust.The formation of this industry association, coupled with the impending release of the FSC’s comprehensive regulatory guidelines, marks a significant milestone for Taiwan’s cryptocurrency sector. As the industry evolves, these proactive measures seek to ensure its stability, security, and compliance with international standards.

Korea considers legal recognition of virtual assets as trust assets for investor protectionSouth Korea’s Ministry of Justice (MOJ) is assessing whether customers’ virtual assets on cryptocurrency exchanges should be legally recognized as trust assets. This classification would give users priority in claiming their virtual assets in case of an exchange’s bankruptcy, thus strengthening investor protection. There’s a noted concern about potential disputes in such bankruptcy situations, as users’ digital assets are typically considered to be in the custody or storage of these platforms.Photo by Daniel Bernard on UnsplashLegal study by Seoul National UniversityAccording to a Tuesday report by local news outlet ChosunBiz, citing industry and legal sources, the MOJ has initiated a legal study on this subject. The research is being conducted by the Seoul National University R&DB Foundation, which started the project earlier this month.Through this study, the MOJ is expected to examine the legal classification of cryptocurrency as property. This review is significant because, for cryptocurrencies to be held in a trust, they must be legally recognized as property. Meanwhile, the upcoming Virtual Asset User Protection Act, set to come into effect next July, mandates that only cash deposits made by users be segregated from the assets of the exchange itself.In Korea, under the current provisions of the Capital Markets Act, virtual assets are not recognized as being held in a trust. Instead, staked cryptocurrencies are seen as being under custodial management or storage. In such arrangements, only a debtor-creditor relationship concerning virtual assets is acknowledged, differing from the legal framework of a trust.Prioritization of rightsIf a cryptocurrency exchange becomes insolvent and enters liquidation, the current legal framework could end up prioritizing the rights of the exchange’s creditors or shareholders over those of the crypto investors. This situation has faced criticism for its inadequate protection of investors. However, if the crypto assets were considered to be held in trusts, it would enable users to acquire “rights to foreclose outside bankruptcy.” This means users would have the right to receive priority reimbursement for their crypto assets, offering them a higher level of protection in the event of an exchange’s bankruptcy.Regarding this development, an official from the MOJ said that while the study is a fundamental legal review focused on exploring ways to protect users through the application of trusts for various cryptocurrency transactions, including those involving decentralized finance (DeFi), it is too early to provide specific details at this stage.

While Russia had previously ruled out adding Bitcoin to its national reserves, the latest soundings from officials within the world’s largest country call for the creation of a crypto fund to hold and manage confiscated cryptocurrencies. According to a report published by Russian state-owned news agency TASS, Evgeny Masharov, a member of the Civic Chamber of the Russian Federation, has put forward a proposal for the formation of a special fund that would hold and manage cryptocurrencies that had been confiscated as the proceeds of crime by the Russian authorities.Photo by Artem Beliaikin on UnsplashMasharov told TASS: "Cryptocurrency confiscated in criminal proceedings should work for the benefit of the state. For these purposes, a special fund can be created, on the balance sheet of which these cryptocurrencies would be located, the capitalization of which will significantly increase over time.” In the future, Masharov proposes that the funds could eventually be used for educational, social and environmental projects. Enabling asset confiscationMasharov supported moves to define digital assets as property within the realm of criminal procedure legislation previously. Since 2021, legislation has been proposed to lay out a properly defined framework to enable the confiscation of such assets in criminal cases. As of last month, Russia’s Supreme Court is currently working towards establishing this. The Civic Chamber official expressed his willingness to discuss his proposal with other stakeholders such as crypto industry representatives and officials from Russia’s Federal Taxation Service. If this proposal was to be implemented, it would match a position taken in the U.S. with regard to a Bitcoin reserve. Earlier this month, U.S. President Donald Trump signed an executive order creating a strategic Bitcoin reserve which will be funded mainly by confiscated Bitcoin. Central bank resistanceRussia’s central bank has been largely opposed to the use of cryptocurrencies within Russia in recent years. Last December, central bank governor Elvira Nabiullina stated that the bank had no plans to invest in cryptocurrencies. Earlier that month, Anton Tkachev, a member of Russia’s State Duma, had put forward a proposal to establish a national Bitcoin reserve. With the onset of sanctions as a consequence of the conflict in Ukraine, the Russian government has softened its position with regard to cryptocurrencies. Digital assets such as Bitcoin are now seen as a mechanism to enable cross-border trade and cross-border payments, circumventing the international banking system. It was reported last year that Russia’s central bank had changed course and with that, it was leading efforts to assist Russian companies to use cryptocurrency for international trade, bypassing Western sanctions. Earlier this month, Reuters reported that Russian oil firms are now using leading cryptocurrencies such as Bitcoin, Ethereum and Tether in oil trade deals with their counterparts in China and India. In another development earlier this month, it emerged that the central bank is now allowing a limited level of crypto investment by investors. Faced with sanctions and current geopolitical realities, it’s understood that Russia had been considering the use of Bitcoin for reserve purposes, but for the time being, it has opted to concentrate on adding gold and the Chinese yuan to its sovereign wealth fund.