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Upbit executive: Establishing crypto regulations hinges on building trust

Policy & Regulation·May 03, 2024, 7:44 AM

At the 'Beyond Coin: Brace for Digital Asset Super Cycle' conference held in Seoul on April 30, Lee Hae-bung, Head of Investor Protection Center at Upbit, said that it is significantly important for virtual asset service providers (VASP) to fulfill their responsibilities at a time when the government authority is laying the groundwork for crypto regulations, according to local media TECH M. Upbit is one of the few licensed cryptocurrency exchanges in South Korea. The conference was jointly organized by SEUM Law Firm and local media outlet TECH M. 

 

During his speech at the conference, Lee stated that by adhering to industrial rules and meeting obligations, VASPs can protect not only crypto investors but also themselves. This is how the crypto industry can enhance the value of blockchain and build trust surrounding the cutting-edge technology, he asserted. 

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Shifting paradigm 

Lee said everything created based on blockchain and ledger technology is now deemed assets and property in the modern world, warranting new regulations. This marks a contrasting shift from the past when only fiat currencies were considered assets and mediums of storage. 

 

In the following sessions, he delivered presentations about cryptocurrency regulations in various countries such as the U.S., Singapore, Hong Kong and several EU member states. During his speech, four moral pillars – legal clarity, responsible innovation, accountability and resilience – were particularly highlighted as ethical requirements for VASPs. 

 

Ten minus one equals zero

Lee noted that Korea's crypto industry is currently going through transitional phases, during which the nationwide crypto craze disrupted the market and turned many good-willed investors into victims. The recent Bitcoin rally has lured many young Korean investors in their 20s and 30s to the crypto market, many of whom engaged in reckless investments with borrowed money. 

 

The industry is now at a point where regulations are being laid out for investor protection, however, heading into a sustainable and healthy direction, he added. 

 

"Ten minus one equals zero when it comes to regulating the crypto industry," Lee said, underscoring the significance of completing all the tasks related to establishing regulation in the local crypto space.

 

“Transparency and accountability are the two most important values VASPs must safeguard on their journey to building trust. If VASPs fulfill these obligations, they should be able to gain the trust of users. Otherwise, they must bear liability for the consequences,” he added, citing the European Union’s Market in Crypto Asset (MiCA) Regulation as a model example that values transparency and accountability. The MiCA Regulation is currently being discussed by legislators from EU member states. 

 

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Policy & Regulation·

Oct 26, 2023

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

The Legal Future of South Korea’s Crypto Industry: Necessary Legislation and SystemsA recent National Assembly symposium organized by South Korea’s Digital Asset Policy Forum brought experts together to discuss the challenges and prospects of the implementation of the Virtual Asset User Protection Act at the National Assembly Members’ Office Building in Seoul on Tuesday.Photo by Tingey Injury Law Firm on UnsplashInternational modelsReferences were made to global examples, such as the Markets in Crypto-Assets Regulation (MiCA) — the world’s first standalone virtual asset legislation enacted in the EU — which ensures transparency, disclosure, authorization, and supervision of crypto-asset transactions. However, unlike the capital market, MiCA does not impose regular disclosure reporting requirements or corrections on them. Firms in Japan, on the other hand, are asked to provide disclosure under autonomous regulation through the Japan Virtual and Crypto Assets Exchange Association (JVCEA).Notably, in its recent Policy Recommendations for Crypto and Digital Asset Markets Consultation Report, the International Organization of Securities Commissions (IOSCO) states that it is “seeking to encourage optimal consistency in the way crypto-asset markets and securities markets are regulated within individual IOSCO jurisdictions, in accordance with the principle of ‘same activities, same risks, same regulatory outcomes’.” This principle refers to the concept that any crypto-asset activity that has a similar function and poses similar risks to those in the traditional financial system — such as operating a trading platform or providing custody services — is subject to regulation that ensures equivalent outcomes, as defined by the UK Parliament.The IOSCO report also suggests that crypto-asset service providers (CASPs) should disclose information regarding ownership and control of crypto-assets, issuer and business-related information, issuer management teams, transaction history and operational description of crypto-assets, token ownership concentration, transfer protocols, and a given CASP’s treatment of the client crypto-assets and their respective rights and entitlements during events like hard forks and airdrops.Hurdles to overcomeExperts at the forum reflected these considerations in their sentiments. 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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Web3 & Enterprise·

Oct 27, 2023

Anboto Labs Reveals $3M Funding and Platform Launch

Anboto Labs Reveals $3M Funding and Platform LaunchHong Kong-based crypto trade execution specialist Anboto Labs has successfully secured $3 million in funding and unveiled an institutional-grade non-custodial trading platform.Investors who participated in the funding round included Kronos Ventures, Cherry Crypto, Mechanism Capital, XBTO, and Singaporean digital assets financial services platform Matrixport, contributing to this funding round during the third quarter of this year. Anboto Labs, known for its crypto trading execution tools, has been on a steady growth trajectory, having raised $1.9 million last year, elevating its valuation to $35 million, according to Guillaume Forcade, the company’s co-founder.Photo by Csaba Nagy on PixabayCrypto trade executionFrom its inception, Anboto Labs has consistently generated revenue, and now it’s ready to introduce its execution platform to a broader audience of experienced traders. The public launch of the platform will enable Anboto to scale up to support thousands of traders simultaneously.The newly released platform underwent an extensive 18-month closed beta phase, during which it processed $4 billion in trading volume across 20 exchanges and blockchain networks. Anboto Labs is attempting to distinguish itself in the market with its execution algorithms, including TWAP, VWAP, and iceberg, which are designed to optimize pricing and execution quality.TWAP, or time-weighted average price, can be incorporated into a trading algorithm with a view towards optimizing a trade’s average price while executing the trade over a predefined time period. In recent days, the project’s Head of Quantitative Research, Suren Markosov, took to blogging site Medium to outline how Anboto’s TWAP algorithm is geared up to save on trading costs. According to Markosov, the firm’s approach could lead to traders saving between two and eight basis points in costs.VWAP, or volume-weighted average price, can be used to filter out the “noise” in the market to determine the real buy/sell price that exists within the market within a given period. Meanwhile, an iceberg order is executed such that it is sliced up into smaller orders. In this way, the impact cost of overall trade execution is minimized.Focus on securityAnboto Labs also places a strong emphasis on security. It allows users to sign up without the need for a time-consuming Know Your Customer (KYC) process, offering a streamlined experience. Additionally, the platform provides multi-factor authentication and the option to whitelist IP addresses, further enhancing security measures.Brett Sun, an investor with Cherry Crypto, took to X (formerly Twitter) to recognize Anboto’s platform launch. Sun stated:“Big strides from @guiviaje and the team at @anboto_labs. They’ve come out of beta to democratize access to professional-grade trading tools for all traders.”WOO Network integrationEarlier this week, Anboto announced the integration of Taipei-based liquidity provider WOO Network into its platform. Forcade said that the integration will enable the firm to offer even more efficient trading tools to its users.In the coming months, Anboto Labs plans to expand its trading features with the aim of democratizing access to institutional-grade execution tools for all crypto traders. With a track record and fresh funding behind it, Anboto Labs is setting itself up to potentially make a significant impact in the cryptocurrency trading space, offering traders the tools they need for success in the crypto market.

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Policy & Regulation·

Sep 13, 2023

Hong Kong and Israel Collaborate to Expand CBDC Access Beyond Banks

Hong Kong and Israel Collaborate to Expand CBDC Access Beyond BanksIn a collaborative effort, the Hong Kong Monetary Authority (HKMA), the Bank of Israel (BoI), and the Bank of International Settlements (BIS) Innovation Hub have jointly released a comprehensive report on Project Sela, a central bank digital currency (CBDC) initiative.Photo by POURIA 🦋 on UnsplashBroadening the role of intermediariesThe report was published to the BIS website on Tuesday. In keeping with the trend of many CBDC projects, Project Sela is characterized by a robust public-private partnership. However, its particular focus lies in broadening the spectrum of intermediaries, aiming to offer retail CBDC services through a more diverse array of service providers, thereby reducing dependency on traditional banks and major payment providers.Andrew Abir, Deputy Governor of the Bank of Israel, emphasized the importance of fostering a dynamic and open ecosystem with a wide variety of service providers. He stated:“Competition and innovation require a flourishing and open ecosystem with many different types of service providers. This was our initial goal in Project Sela as a proof-of-concept, and the project proved the feasibility of the model we had in mind.”Involving retail banksIn a previous model explored through Hong Kong’s Project Aurum, retail banks were entrusted with customer-facing tasks while maintaining the central bank’s operation of the wholesale ledger for the eHKD. In contrast, Project Sela introduces a novel approach where the central bank operates the retail ledger — a model akin to Israel’s digital shekel.The primary actors in Project Sela, known as Access Enablers (AEs), notably do not have control over CBDC balances, distinguishing them from conventional payment providers. Moreover, AEs are not required to maintain liquidity to support CBDC services. Their role encompasses facilitating user onboarding and CBDC access, fulfilling know-your-customer (KYC) and compliance obligations, and routing payments. The role of banks and other “funding institutions” primarily revolves around enabling the conversion of cash and deposits into CBDC.The rationale behind this approach is rooted in the emergence of technological advancements in open banking and DeFi, which have demonstrated the potential to disentangle financial services by granting users greater access to their financial data and control over their own funds.Enabling participation among the unbankedProject Sela envisions the unbanked population utilizing ATMs to convert cash into CBDC. A similar approach has recently been taken by the Chinese authorities. In the resort city of Sanya, authorities have introduced e-CNY ATMs in order to enable e-CNY access for foreign tourists.However, it is noteworthy that in many countries, the primary function of ATMs is to dispense cash rather than accept it. Consequently, the inclusion of AEs could pose challenges to traditional banking institutions, as CBDC adoption could potentially impact bank deposits.Privacy and cybersecurity considerations are implicated within Project Sela. As the central bank operates the retail ledger, ensuring the confidentiality of personal information becomes imperative. To safeguard privacy, AEs employ a hashing mechanism to obfuscate personal identifiers, although the report does not delve into the subject in detail.While Bank of Israel Governor Amir Yaron admitted that a CBDC can never be anonymous, he claimed that “if we choose to issue a digital cash shekel, it will provide at least as much privacy as other digital means of payment.”

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