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Hong Kong’s SFC appeals to digital asset investors to verify licenses

Policy & Regulation·February 07, 2024, 2:50 AM

As Hong Kong approaches the culmination of the Securities and Futures Commission's (SFC) deadline for cryptocurrency exchanges to seek licenses, the regulator issued a reminder to investors about the potential risks associated with trading on unlicensed platforms.

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Urging caution

In a notice released on Monday, the SFC emphasized the importance of engaging exclusively with SFC-licensed virtual asset trading platforms (VATPs) to ensure investor protection. With only one month remaining for exchanges to apply for a license under the city's virtual asset regulation, the SFC urged investors to exercise caution when dealing with platforms that have not yet received approval.

The SFC suggested that investors check the list of regulated platforms, which it maintains on its website. Within the notice, the regulator outlined that in the past, some platforms have claimed to be regulated entities when they were not compliant platforms and not adhering to existing regulations within the Chinese autonomous territory. The advisory comes after the fallout from a high-profile fraud incident involving the JPEX trading platform last fall, resulting in substantial losses of $192 million.

 

Growing list of VATP license applicants

Last month, four additional crypto exchanges, including the KuCoin-affiliated HKVAEX and Singapore-based Bybit, joined the list of official VATP license applicants. The SFC began publishing this list in response to the JPEX scandal, underscoring the importance of regulatory compliance in the cryptocurrency sector.

 

Hong Kong's virtual asset regulation, enacted as an amendment to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance last year, stipulates that companies engaged in selling or marketing cryptocurrencies to Hong Kong residents must apply for a license by Feb. 29. Those failing to do so must cease business operations in the city by May 31.

 

Currently, OSL and HashKey are the only licensed exchanges in Hong Kong, having received an earlier voluntary license that was later upgraded to include retail investors. These exchanges are operating under an interim solution permitted by the SFC, allowing retail investors to trade on their platforms.

 

Setting a high bar

While 14 companies have formally submitted license applications to date, Patricia Ho, General Counsel for blockchain company Scroll, told the South China Morning Post (SCMP) that the stringent requirements set by Hong Kong have led to a selective process. Ho explained that the city has intentionally set a high bar for application submission, resulting in only the most committed and resourceful entities progressing to the application stage.

 

Last month, it emerged that the SFC had acted to bolster investor protection by introducing a minimum insurance requirement of 50% for licensed crypto exchanges that handle customer funds. It is also planning to introduce a regulatory framework relative to crypto over-the-counter (OTC) trading desks. The SFC is also monitoring individual crypto projects, as last week, the regulator issued a stern warning to those behind the offering of the Floki and TokenFi staking programs.

 

As the deadline approaches, Ho anticipates potential enforcement actions against smaller platforms operating in legal gray areas. Larger platforms, on the other hand, have already begun restricting access from Hong Kong.

 

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Policy & Regulation·

Nov 30, 2023

Regulatory breach sees Philippines initiate blockade on Binance

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Policy & Regulation·

Apr 29, 2024

South Korea considers permanent crypto investigative unit

Reports from South Korea indicate that the nation is considering transforming its temporary crypto investigative unit into a permanent fixture to tackle the escalating cases of crimes and fraud related to cryptocurrencies. Government deliberations to elevate investigative unitAccording to local publication Segye Ilbo, the South Korean Justice Ministry and the Ministry of the Interior and Safety are gearing up to commence discussions in early May regarding the elevation of the Joint Virtual Asset Crime Investigation Unit to an official department.Photo by Daniel Bernard on UnsplashAims of the promotionThe proposed elevation seeks to formalize the status of the unit, which currently operates as a temporary body under the Seoul Southern District Prosecutor’s Office and faces the possibility of disbandment. The transition aims to enhance operational efficiency by facilitating the appointment of new prosecutors and allocating dedicated budgetary resources, as outlined by Segye. Background of the investigative unitEstablished in July 2023, the unit comprises approximately 30 experts drawn from seven financial and tax regulatory authorities. It represents South Korea's inaugural investigative body specializing in digital asset crimes, a response to the surge in crypto-related criminal activities witnessed in the country. Rising incidents of crypto-related crimesThe urgency to establish a permanent investigative unit stems from the notable increase in crypto-related criminal incidents. According to a February report from South Korea’s Financial Intelligence Unit, local crypto firms reported a total of 16,076 suspicious transactions in 2023, reflecting a significant 49% surge compared to the previous year. Upcoming crypto regulationsIn tandem with efforts to strengthen investigative capabilities, South Korea is preparing to implement its first comprehensive crypto regulation on July 19. The new regulatory framework aims to safeguard investors by imposing stricter penalties for market manipulation, including the possibility of life sentences in certain cases. 

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Web3 & Enterprise·

Aug 17, 2023

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