Hong Kong lawmaker suggests action on ETFs as asset managers explore potential

Binance’s U.S. legal woes may have repercussions for its expansion in ThailandWhile Binance, the world’s largest cryptocurrency exchange, is gearing up for a new trading venture in Thailand, the recent guilty plea by the firm in the United States and the hefty $4.3 billion penalties for anti-money laundering and sanctions violations have raised concerns about the feasibility of its Thai market venture.That’s a consideration that has been raised by a recent report by Bloomberg. Earlier this month, it emerged that Binance had entered the beta testing phase of its Binance.th platform in Thailand. The venture is a collaboration with the local company, Gulf Energy Development Pcl, led by billionaire Sarath Ratanavadi.Photo by Peter Borter on UnsplashCasting a shadow over expansion plansFollowing Founder Changpeng Zhao’s (CZ) departure from the CEO role in the wake of the US criminal probe resolution, Singaporean Richard Teng, a regulator-turned-crypto executive, has taken the helm at Binance. In its report, Bloomberg suggests that these recent issues in the U.S. have “cast a shadow over the planned domestic digital-asset platform” in Thailand.The new Binance CEO has emphasized Binance’s commitment to compliance overhaul and increased corporate transparency. In an interview Ratanavadi expressed confidence in Binance, noting that the company was not accused of crimes such as fraud or misuse of customer funds in the U.S. settlement. He stated:“Binance grew extremely fast and so probably crossed paths with some regulations.”Despite the regulatory storm, Ratanavadi chose Binance due to its market-leading position. The stringent scrutiny by Thailand’s Securities and Exchange Commission and the approval process, including inquiries about Binance, reflect the regulator’s cautious approach. The Gulf Binance Co. platform is set to launch fully in January, with Gulf Energy holding a 51% stake and Binance the remaining share.Challenges in other Asian marketsThe company may also face additional challenges in other Asian markets as a consequence of its regulatory troubles in the United States. While it remains to be seen if this was an unrelated development, it emerged earlier this week that regulators in the Philippines were moving to block access to the Binance platform and curtail the exchange’s ability to target Filipinos through advertising.In South Korea, Binance’s activities in the country have come under renewed scrutiny within the crypto community in the wake of the regulatory penalties Binance has experienced in the U.S. Binance is active in that market through its acquisition of fiat-to-crypto exchange GOPAX. While GOPAX management are unfazed by these events, others have suggested that there may be consequences in terms of the ability of GOPAX to achieve full regulatory approval.Demand reductionAnother challenge for the Thai venture includes a reduction in demand for crypto trading services in the Southeast Asian country. Official data reveals a significant drop in monthly trading volume at licensed digital-asset operators in Thailand, falling from over 250 billion baht in November 2021 to 17 billion baht ($490 million) in September 2023. The number of active trading accounts has plummeted by 87% from the peak in 2021.Ratanavadi, whose net worth is estimated at $11 billion, believes that tighter regulatory oversight will restore investor confidence. Gulf Binance’s technology partner, Advanced Info Service Pcl, with its retail outlets, is expected to contribute to the joint venture’s marketing efforts.

Korbit Report: SEC Commissioner Shares Insights on Crypto RegulationKorbit Research Center, a division of South Korea’s cryptocurrency exchange Korbit, on Monday, released a report that provides a comprehensive summary of its interview with Hester M. Peirce, a Republican Commissioner at the US Securities and Exchange Commission (SEC), which took place on August 18. The interview was conducted by Peter Chung, the head of research at Korbit Research Center.Photo by Joshua Hoehne on UnsplashKorbit’s meeting with US crypto expertsIn August, Chung made a trip to the United States, where he met with prominent figures and companies within the cryptocurrency industry to gain a deeper understanding of the ongoing institutionalization of cryptocurrencies in the United States. Through this opportunity, Korbit intends to release a series of reports that will encapsulate the valuable insights garnered during these interactions in the US.His first interviewee of the series was Commissioner Peirce, who serves as one of the five commissioners at the SEC. These commissioners are appointed by the President of the United States with the confirmation of the US Senate. To maintain political balance and impartiality, it is mandated that no more than three commissioners belong to the same political party.Peirce assumed her role as a Commissioner at the US Securities and Exchange Commission (SEC) in January 2018, following her appointment by President Trump. Before her tenure at the SEC, she held the position of Senior Counsel on the United States Senate Committee on Banking, Housing, and Urban Affairs. She is known as an advocate for technological innovation.Token safe harbor proposalPeirce earned the nickname “Crypto Mom” due to her advocacy for encouraging innovation within the cryptocurrency industry through the implementation of reasonable regulations. One notable initiative that exemplifies her perspective is the token safe harbor proposal. This proposal suggests giving blockchain network developers a three-year grace period during which they can work on building a decentralized network while being exempted from complying with the registration rules of federal securities laws, as long as certain conditions are met.During the interview, Peirce expressed concerns about recent actions taken by the SEC, which have added to the uncertainty surrounding cryptocurrency regulations. She also emphasized the need for swift legislative action to establish a framework for cryptocurrency regulation. Peirce noted that there appears to be a tendency to prioritize the classification of virtual assets over investor protection.Suggestions for KoreaAlthough Peirce hasn’t engaged in any direct interactions with Korean regulators, she suggested the Korean government optimize regulations for its own cryptocurrency industry. Her suggestion was to minimize unnecessary intervention and instead foster an environment where the sector can naturally evolve in accordance with the principles of a free-market economy.Furthermore, Peirce delved into detailed discussions on three pivotal topics: the classification of virtual assets as securities, the need for disclosure requirements, and the significance of assessing the extent of decentralization within a network.Classification of cryptocurrenciesThe Commissioner said that it is inappropriate for the SEC to contend that most cryptocurrency projects should fall under its regulatory purview. The SEC’s argument is based on the assertion that cryptocurrencies may constitute securities because they function as a medium of value exchange in fundraising activities, much like investment contracts in traditional financial markets. Despite this, she expressed optimism regarding the recent US court’s ruling on the Ripple vs. SEC case, which she believes may help rectify misconceptions surrounding the classification of investment contracts.Balancing investor protection and investor choiceMeanwhile, she expressed her viewpoint that regulations aimed at protecting investors should stay true to the disclosure principles introduced back in 1934 when the SEC was first established. However, she also argued that the SEC should avoid imposing arbitrary restrictions on investors’ choices. During the initial phases of a cryptocurrency project, there tends to be an inherent information asymmetry between crypto project leaders and individual investors. To ensure a fair investment environment, she advocated for legal mandates for disclosure. Notably, both her token safe harbor proposal and the Responsible Financial Innovation Act proposed by US Senators Kirsten Gillibrand and Cynthia Lummis incorporate such disclosure requirements.Decentralization assessmentCommissioner Peirce also approached the assessment of decentralization with a thoughtful perspective. Her Token Safe Harbor Proposal 2.0 states that after the three-year grace period, “token transactions may not constitute securities transactions if the network has matured to a functioning or decentralized network.” However, she admitted to grappling with the challenge of precisely defining what constitutes sufficient decentralization. During the conversation, she sought Mr. Chung’s perspective on this matter. In response, Mr. Chung shared that the Korbit Research Center regularly conducts measurements and assessments of the degree of decentralization for major blockchain networks every six months.Regarding the interview, Peter Chung expressed his admiration for the high-ranking official’s openness to innovation and strong communication skills. He also voiced his hope for more open discussions in Korea that could promote sustainable growth of the country’s crypto industry.

It’s been a tough couple of months for global crypto exchange, Bybit. Having had to leave the Malaysian market due to regulatory issues, the firm is now being forced to shutter its service in India for similar reasons.Photo by Naveed Ahmed on UnsplashWithdrawing services on January 12The exchange announced its withdrawal from the Indian market via a statement published to its website on Jan. 10. The service for Indian residents has been ceased from 08:00 UTC on Sunday, Jan. 12.  Account opening and crypto trading has been disabled. Furthermore, the ability to place market orders through other exchange products offered by the company has also been disabled. The ability for customers to withdraw fiat currency and digital assets remains in place. Achieving full complianceWhile the company is leaving the market, it has stated that its services are temporarily suspended in India. It cited a need to “operate in full compliance” as the firm’s primary objective relative to the Indian market. Elaborating on this, it stated:”We have taken this measure while we continue to work closely with the regulator to finalize our registration as a Virtual Digital Asset Service Provider in India, which we expect to secure in the coming weeks.” Malaysian market issueThe situation mirrors a similar set of circumstances that Bybit finds itself in relative to the Malaysian market. On Dec. 27, the Malaysian Securities Commission published a statement outlining details of an enforcement action it had taken against Bybit and the firm’s CEO, Ben Zhou.  In that instance, Bybit was directed to disable its service offering within the Malaysian market. The company indicated that it would return to the market once it had secured the necessary licensing. India hasn’t proven to be the most crypto-friendly jurisdiction to date. Indian crypto influencer R.K. Gupta took to the X social media platform, claiming that the government was at fault for Bybit having to withdraw from the Indian market. He stated: “Our country’s flawed policies are ruining crypto, while others aim for reserve currency status. Govt targeting exchanges, and now Bybit might stop services in India.” In December 2023, India’s Financial Intelligence Unit (FIU) took action to prevent unregistered overseas exchanges from operating within the Indian market. It issued compliance show-cause notices to nine exchanges at the time. Shortly afterwards, Apple India blocked access to these exchanges on the Indian Apple App Store.  While Bybit wasn’t amongst them, it is now being brought into line by Indian regulators. Back in September, it emerged that the FIU was considering requests to allow four offshore cryptocurrency exchanges to resume activity within the Indian market. Having been deemed to have come into compliance, Binance and KuCoin resumed activities in India in August 2024. Aside from Malaysia and India, Bybit has also encountered regulatory difficulties in Europe. Last August, it left the French market due to regulatory problems. In May 2022, the Autorité des Marchés Financiers (AMF), the French financial markets authority, blacklisted Bybit, warning investors that it wasn’t a registered digital asset service provider.  As part of that market withdrawal, Bybit collaborated with partner Coinhouse, a regulated French crypto-asset platform. Accounts holding assets above the value of 10 USDC were transferred to Coinhouse.