Top

NFTs not subject to South Korea’s Virtual Asset User Protection Act

Policy & Regulation·December 13, 2023, 7:43 AM

In 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 Unsplash

 

Seven specific provisions

The 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 wallets

The 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 guidelines

Another 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 transactions

The 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.

More to Read
View All
Policy & Regulation·

Oct 06, 2025

Shanghai launches international digital yuan hub to boost global use

China has inaugurated a new center in Shanghai dedicated to the international operation of its central bank digital currency (CBDC), the e-CNY, the People's Bank of China (PBOC) recently announced. The hub also launched three specialized platforms for cross-border digital payments, blockchain services, and digital assets, according to state-run Xinhua News Agency. The initiative is a key part of China's strategy to promote the digital yuan's adoption beyond its domestic borders. This effort aligns with a broader trend among BRICS nations, which have increased their use of the Chinese yuan for trade settlements. A Crypto Briefing report indicates that yuan-denominated payments accounted for roughly 24% of the bloc's trade transactions in early 2025.Photo by Edward He on UnsplashDifference between digital yuan and stablecoinsThe e-CNY, which functions without needing a bank account, is designed for daily uses like retail shopping, salary distribution, and transportation fares. While it cannot be converted into foreign currencies, its cross-border capabilities are being explored through the mBridge project, a multinational effort coordinated by the Bank for International Settlements. In contrast to the state-controlled e-CNY, privately issued stablecoins, blockchain-based tokens pegged to fiat currencies like the U.S. dollar, are also gaining traction. These digital assets, backed by reserves such as U.S. Treasury bills, are widely used for faster and cheaper cross-border payments and remittances. Hong Kong established a clear regulatory framework for stablecoins on Aug. 1, setting high standards for potential issuers. However, the Hong Kong Monetary Authority (HKMA) has stated that it does not expect to grant the first licenses until early next year. Yuan stablecoin in KazakhstanRecently, the HKMA had to clarify the status of stablecoin issuance in the region. According to the South China Morning Post, the monetary authority issued a statement refuting social media reports that the first offshore yuan-pegged stablecoin had been launched in Hong Kong. The company involved, AnchorX, later clarified on X that its yuan-pegged digital asset, AxCNH, was launched in Kazakhstan under a license from the Astana Financial Services Authority (AFSA). Despite its launch outside of Hong Kong, the AxCNH stablecoin is seen by some as part of Beijing's broader ambitions. Yang Guang, the CTO of Conflux, which provides technical expertise to AnchorX, told Reuters that the Sept. 17 launch represents an effort to leverage blockchain technology for international trade. Yang suggested that Beijing would likely support such initiatives if they facilitate commerce, noting that offshore yuan stablecoins could be issued without direct sign-off from China's central bank. Market analysts view China’s latest initiatives as part of a broader, multi-pronged strategy. Augustine Fan, head of insights at digital asset platform SignalPlus, described the stablecoin project as “another venue or trial to push the use of the offshore yuan,” adding that it also reflects the government’s cautiously positive stance toward blockchain technology. China’s stablecoin ambiguityAt the policy level, signals remain mixed. A Caixin report indicated that Chinese digital platforms, state-owned enterprises (SOEs), and financial institutions in Hong Kong may face restrictions on stablecoin and broader crypto activity. In addition, branches of SOEs and major banks are unlikely to seek stablecoin licenses in the region. The English version of the Caixin article remains accessible, but Cointelegraph observed that the Chinese-language version has since been taken down.At the same time, official engagement is visible. The National Natural Science Foundation of China (NSFC), a vice-ministerial institution under the Ministry of Science and Technology that oversees the National Natural Science Fund, earlier announced grants for research on stablecoins and the development of cross-border monitoring frameworks. According to the South China Morning Post, the foundation launched the study in response to concerns that unregulated circulation of private stablecoins, particularly those pegged to the U.S. dollar, could weaken capital controls and pose risks to the yuan. A clearer policy direction is expected once the results of this research are available.

news
Web3 & Enterprise·

Oct 14, 2025

Circle sticks with dollar, euro stablecoins as Hong Kong’s crypto scene matures

Financial technology firm Circle is taking a measured approach in Hong Kong, favoring focus over expansion. In an interview with the Hong Kong Economic Journal, cited by local financial content provider AAStocks, Yam Ki Chan, the company’s vice president for Asia Pacific, said there are no current plans to issue a stablecoin pegged to the Hong Kong dollar. Still, he noted the company’s openness to partnering with local initiatives, adding that Circle has been in discussions with several firms to share its expertise and insights. The firm hopes the Chinese special administrative region will evolve into a launchpad for stablecoins tied to the local currency alongside other major currencies. Chan said Circle is doubling down on its two core products, the U.S. dollar stablecoin USDC and the euro stablecoin EURC. He pointed out that USDC has been catching on across the region, with more local corporations and professional investors starting to use it. His comments come after the Stablecoins Ordinance came into force on Aug. 1 in the city, setting up a mandatory licensing system for issuers under the Hong Kong Monetary Authority (HKMA). The regulator has said it does not plan to hand out the first licenses until early next year.Photo by tommao wang on UnsplashMoving assets on-chainWhile Circle continues to focus on stablecoins, other firms are finding new ways to bring traditional assets on-chain. DL Holdings, a Hong Kong-headquartered one-stop financial services group, is moving ahead with plans to tokenize about $40 million worth of its non-voting Class B membership interest in ONE Carmel, its luxury real estate investment project in California’s San Francisco Bay Area. The initiative, the firm’s first step into real-world asset (RWA) tokenization, will use blockchain-based smart contracts to automate distributions, transfers, and investor rights, allowing the company to pay out dividends to shareholders and give on-chain investors a chance to participate in ONE Carmel. Insurance is another testbed for blockchain. Anthea Holding Limited, a crypto-fintech licensed by the Bermuda Monetary Authority, raised $22 million in a Series A led by Yunfeng Financial. The proceeds will fund what Anthea says is the world’s first life insurance policy denominated in Ethereum (ETH). Yunfeng Financial, listed in Hong Kong, has close ties to Alibaba founder Jack Ma. Mainland firms deepen crypto exposureMainland companies are stepping into crypto investments. Hangzhou-based Jiuzi Holdings, a Nasdaq-listed operator of new energy vehicle stores, said it completed a private placement transaction settled in 100 Bitcoin. The company plans to allocate the proceeds to building a digital-asset custody platform and developing encrypted storage systems. Separately, China Renaissance is seeking to raise around $600 million for a publicly listed vehicle designed to invest in BNB, the cryptocurrency tied to Binance, according to Bloomberg. Venture firm YZi Labs, formerly Binance Labs, is expected to join the effort. In an August filing, the Beijing-based investment bank said it would commit about $100 million of its own capital to BNB. If completed, the proceeds would establish a U.S.-based crypto treasury company to hold and manage BNB reserves. Back in Hong Kong, momentum in the digital asset sector is now reaching the capital markets. HashKey Group, the financial services firm behind a licensed crypto exchange, has confidentially filed for an initial public offering in the city. Bloomberg reported the plan, citing a source familiar with the matter. The listing could take place as early as this year and raise up to $500 million. Market bounces back on softer trade rhetoricAmid these developments, crypto prices have rebounded from sharp losses linked to trade tensions between Washington and Beijing. The market had tumbled after U.S. President Donald Trump threatened to impose additional 100% tariffs on China. Sentiment shifted when Trump softened his stance on Truth Social, writing, “Don’t worry about China, it will all be fine!” and “The U.S.A. wants to help China, not hurt it!!!” Bitcoin reflected that whiplash. The token dropped to $103,893.3 on Oct. 10 during what Investing.com described as the largest single-day liquidation in crypto history at nearly $19 billion in positions. It has since recovered to $112,608.31 as of publication time. 

news
Web3 & Enterprise·

Jun 20, 2023

Japanese Exchanges Canvas Regulator to Permit 10x Leverage

Japanese Exchanges Canvas Regulator to Permit 10x LeverageJapan’s cryptocurrency exchanges are advocating for looser regulations on margin trading, despite the global digital asset market crash experienced last year.According to a report published by Bloomberg on Monday, The Japan Virtual & Crypto Assets Exchange Association has revealed that many industry insiders are seeking leverage limits of four to 10 times for retail investors.Currently, customers are limited to doubling their exposure through borrowing. Genki Oda, the Vice Chairman of the association, believes that relaxing the leverage rule could enhance Japan’s appeal to crypto and blockchain companies, thereby stimulating increased trading activity.Photo by Su San Lee on UnsplashOngoing discussionJapanese digital asset exchanges are currently engaged in discussions to establish a consensus on the recommended leverage limit. They are planning to present their proposal to the Financial Services Agency (FSA) as early as next month.While Japan has made some efforts to ease certain cryptocurrency regulations, such as token listing and taxation, the overall regulatory environment is considered strict. The FSA expects crypto firms to provide solid justifications for loosening margin trading caps, demonstrating how it would contribute to the government’s objective of expanding blockchain-based industries. However, the agency remains open to discussions with digital asset businesses on the matter.Plummeting trade volumesPreviously, Japanese crypto platforms offered leverage up to 25 times, resulting in annual margin trading volumes of approximately $500 billion in 2020 and 2021. However, after the FSA imposed a limit of two times to curb excessive speculation and protect investors from amplified losses, trading volumes plummeted by 75% in 2022.In other parts of the world, digital asset exchanges typically offer spot margin trading with leverage ranging from five to 10 times the initial deposit, depending on local regulations. Some platforms even offer more aggressive lending options, often associated with speculative behavior that can generate waves of greed and fear within the crypto market.Oda argues that digital asset volatility has decreased since 2020 and asserts that Japanese exchanges are well-prepared to assist investors in managing the risks associated with margin trading positions. However, any relaxation of leverage rules is not expected to occur before 2024.Leverage dangersLast year’s global cryptocurrency downturn exposed risky practices and resulted in numerous bankruptcies. Regulators worldwide have responded by implementing new rules and regulations that address the lessons learned. While leverage might be in the interests of the exchange operators, many industry commentators have warned that leverage brings about market weakness.Caitlin Long, Founder and CEO of Custodia Bank, has been one such commentator, warning that massive leverage “built an industry of insolvent intermediaries” on a “foundation of sand”. It’s commonly believed that leverage leads to unsustainable market bubbles rather than iterative organic market growth.In 2022, an index tracking the top 100 cryptocurrencies partially recovered, showing a 33% increase since the beginning of this year. However, the market still faces challenges, as institutional and individual investors have exited, leading to reduced liquidity and lower expectations for price volatility in Bitcoin and other cryptocurrencies.

news
Loading