Hong Kong regulator set to grant additional crypto exchange licenses

Hong Kong to Issue Digital Asset Licensing Guidelines in MayAccording to Hong Kong’s Securities and Futures Commission (SFC), the Commission will issue new guidelines for virtual asset exchanges within the Chinese autonomous special administrative region (SAR).© Pexels/Jimmy ChanSFC CEO Julia Leung made that announcement while speaking at an event in the city on Thursday, indicating that the guidelines are due to be released next month. Additionally the autonomous region intends to introduce a new licensing system from June 1 onwards, enabling the retail investors among Hong Kong’s populace to trade leading cryptocurrencies like Bitcoin and Ethereum.Hong Kong authorities had provided an insight into this approach back in February, when plans to provide retail access to digital assets were first set out. At the time, they outlined the need for retail customers to pass a knowledge test relative to digital assets or otherwise only being allowed to trade such assets once the customer had completed a certain level of training relative to digital assets, provided by a regulated crypto service provider.This latest announcement has arrived amid a backdrop of a series of recent indications that signify the intent of authorities in Hong Kong to make the autonomous region a major financial hub centered around digital assets.Leung articulated that the further development of this digital assets framework follows a consultation process that attracted more than 150 responses. Although virtual asset service providers (VASPs) will need to await the complete rollout of the licensing system, a handful of crypto businesses such as OSL and Hashkey, under the supervision of the Hong Kong regulator, have already started to offer their services.Crypto as propertyA Hong Kong court recently recognized cryptocurrency as property. The ruling emerged in a bankruptcy hearing pertaining to failed cryptocurrency exchange Gatecoin. In presiding over the case, Justice Linda Chan outlined that the autonomous region takes a broad view of what constitutes property. In finding crypto to meet the definition of property, she went on to clarify that it therefore has the capability of being held in trust.The finding has particular relevance in the crypto world right now given the consequences of an “in trust” custodianship of customer’s digital assets relative to numerous ongoing bankruptcy processes involving failed crypto businesses, and the pecking order of creditors in those instances, in their efforts to recover their digital assets.Positive approachWhile mainland China remains an adverse territory relative to digital assets, Hong Kong has taken to welcoming the sector and with that, enticing crypto firms to relocate to the autonomous region from the mainland. Leadership in the city has been making all the right soundings to demonstrate that it is actively trying to nurture the nascent sector.While recent months have seen the Biden administration in the United States attempt to close off banking from the crypto sector, in contrast, Hong Kong’s largest virtual bank, ZA Bank, was recently given permission to act as a settlement bank for regulated Web3 businesses located within Hong Kong.

Hong Kong’s insurance regulator is drafting rules that would bring insurers’ cryptocurrency exposure under a risk-based capital framework. According to Bloomberg, the Insurance Authority of Hong Kong is preparing a risk-based capital framework that would impose a 100% risk charge on insurers’ crypto holdings. The proposal distinguishes among crypto exposures, assigning stablecoin investments risk charges based on the fiat currency backing the Hong Kong-regulated token rather than applying a uniform treatment. The regulator is also considering capital incentives to channel insurers’ investment into infrastructure projects supporting Hong Kong or mainland China, including those listed or issued within the city. The Insurance Authority said the regime is designed to bolster the industry while promoting broader economic development. A public consultation on the rules is scheduled to run from February to April, ahead of any legislative submission.Photo by Vlad Deep on UnsplashStablecoin licensing focuses on robust reservesSeparately, the Financial Services and the Treasury Bureau is advancing other regulatory initiatives in the digital asset space. Secretary Christopher Hui indicated that the first batch of stablecoin licenses is expected to be issued early next year. According to the Hong Kong Economic Times, Hui noted that the government had received 36 stablecoin license applications by the end of September, following the implementation of the Stablecoins Ordinance in August. Regulators are prioritizing applicants that demonstrate strong reserve management, price stability, and robust anti–money laundering (AML) controls. Hui added that the government is currently collaborating with the Securities and Futures Commission (SFC) to finalize licensing rules for virtual asset trading platforms and custodial service providers, with proposals expected to reach the Legislative Council next year. StanChart and Ant’s tokenized depositsWhile regulators refine the rulebook, the traditional banking sector is moving forward with the technology underpinning the digital pivot. Standard Chartered has collaborated with Ant International to launch a tokenized deposit solution on Whale, Ant’s blockchain-powered treasury management platform. As reported by Tech in Asia, the solution enables real-time transfers in Hong Kong dollars, offshore yuan, and U.S. dollars. This initiative falls under the umbrella of Project Ensemble, a program launched by the Hong Kong Monetary Authority in March 2024 to shape the city’s tokenization ecosystem. Market headwindsThese developments follow the crypto sector’s entry into Hong Kong’s equity market. According to Bloomberg, HashKey Holdings, a licensed exchange operator, listed on the Hong Kong Stock Exchange on Dec. 17, raising HK$1.6 billion ($206 million). While shares initially debuted above the offer price, they had fallen approximately 15% to HK$5.69 by Dec. 22. The lackluster performance coincides with a broader pullback in the crypto market. Bitcoin is currently trading below $89,000, roughly 30% off its October peak. Institutional caution is also evident in global flows. According to CoinShares, crypto investment products recorded $952 million in net outflows for the week ending Dec. 20. Ethereum and Bitcoin products led the exit with outflows of $555 million and $460 million, respectively. Conversely, altcoins XRP and Solana bucked the trend, seeing inflows of $62.9 million and $48.5 million. James Butterfill, head of research at CoinShares, attributed the negative sentiment to delays regarding the CLARITY Act, a U.S. bill designed to clarify digital asset regulation, and continued selling by whale investors. 

MAS Offers Guidelines for Banks Handling Crypto-Related ClientsThe Monetary Authority of Singapore (MAS) has released a comprehensive set of guidelines to assist banks in managing clients who are involved in digital assets, such as cryptocurrency exchanges or individuals whose wealth is derived from cryptocurrencies.Photo by Meriç Dağlı on UnsplashIndustry working groupAccording to a report in local media source, The Straits Times, these non-mandatory guidelines, developed by an industry working group, aim to provide best practices for financial institutions to address concerns related to money laundering, terrorism financing, and sanctions risks associated with cryptocurrencies.The working group suggests that enhanced due diligence may be necessary for firms closely connected to facilitating crypto transactions. For instance, conducting site visits or walk-throughs of a client’s anti-money laundering and anti-terrorism financing processes and controls could be required.During the onboarding process, banks should request information documenting the customer’s crypto exposure and the intended usage of the account. Additionally, banks are advised to establish the source of the client’s funds or wealth.To evaluate the regulatory status of a merchant customer’s crypto-related counterparties, especially if they contribute significantly to the merchant’s transactions, banks should conduct thorough assessments.The working group also highlights the use of blockchain screening tools to review the on-chain activity of digital token payment service providers. Regular screening of new and existing wallet addresses owned or controlled by these providers against the sanctions list and designated wallets is also recommended.Comprehensive guidelinesLoretta Yuen, Head of Legal and Compliance at Oversea-Chinese Banking Corp (OCBC), a Singapore-headquartered bank, describes the guidelines as one of the most comprehensive in the world, providing insights into banks’ management of crypto-related money laundering, terrorism financing, and sanctions risks.She believes the guidelines will raise awareness among prospective customers regarding the key risk considerations banks prioritize and enable customers to proactively fulfill banks’ customer due diligence requirements during the onboarding process.Evy Theunis, DBS Bank’s Head of Digital Assets, views the guidelines as a codification of best practices across the industry, aligning with the bank’s existing protocols. United Overseas Bank (UOB) also acknowledges the benefits of the best practice paper, particularly given the diverse range of digital assets with varying levels of risk.Eight participating banksThe working group responsible for developing these guidelines includes representatives from eight banks, MAS, the Commercial Affairs Department, and Big Four audit firm Ernst & Young. Formed in August 2022 under the anti-money laundering and countering the financing of terrorism industry partnership (ACIP), the group aims to identify, assess, and mitigate money laundering and terrorism financing risks in Singapore through a collaborative private-public partnership involving the financial sector, regulators, law enforcement agencies, and other government entities.Singapore is vying to establish itself as a hub for digital asset business in Asia, alongside other centers such as Hong Kong. The Chinese autonomous territory has been making greater progress over the course of the past year.However, a report in The Wall Street Journal on Monday suggests that banking remains a difficulty for crypto businesses in Hong Kong. Hong Kong’s difficulty may be Singapore’s opportunity, given the work that this working group has carried out in smoothing the way for the banking of digital asset-related businesses.