Pakistan moves towards legalizing & regulating crypto

The Need to Distinguish Between Security and Non-Security Virtual AssetsWith the recent enactment of the Virtual Asset User Protection Bill in South Korea, there is a need to lay out criteria for determining whether virtual assets qualify as securities, says Kim Ja-bong, a senior research fellow at the Korea Institute of Finance, in his report titled “The Implications of Determining Which Virtual Assets Constitute Securities and Investor Protection” released on Saturday.Photo by Shubham Dhage on UnsplashThe implications of the Virtual Asset User Protection ActThe Virtual Asset User Protection Act — which will take effect in July of next year — aims to protect customer assets, establish regulations against unfair trading practices, and enforce penalties. Notably, it will target virtual assets that are not securities, deeming it necessary for regulators to determine if virtual assets qualify as securities or not in order to enforce the bill. Assets with characteristics of securities will fall under the jurisdiction of the Capital Markets Act.Therefore, if the Virtual Asset User Protection Act does not provide sufficient investor protection, issuers may be incentivized to issue non-security assets rather than security assets to avoid the regulations of the Capital Markets Act. This further necessitates the act of distinguishing between virtual assets that are securities versus those that are not.Determining if a virtual asset is a security or notThere are two approaches to do this, according to Kim: the passive approach, which avoids considering a virtual asset as a security whenever possible, and the active approach, which treats a virtual asset as a security whenever applicable.He argues that it is better to focus on whether an investment contract qualifies as a security if it is considered an investment contract, rather than simply selecting a specific approach.Furthermore, the nature of virtual assets renders them unbound by national borders, so it is necessary to establish assessment criteria that correspond with international standards, such as those used in the US and Europe.This is especially important because if the criteria differ from international standards, there is a risk of domestic investors suffering damages due to an issuer’s pursuit of regulatory arbitrage between countries.Equitable recognition and potential for security tokensAccording to Kim, the importance of determining whether virtual assets are securities lies in ensuring that security tokens receive the same recognition and trading treatment as traditional securities such as stocks. With such a measure, security token offerings can serve as an efficient and reliable method for raising funds. Although there may be concerns that such a regulation may hinder the development of virtual assets, it may well be an opportunity for security tokens to be qualified and trusted as high-quality financial instruments just like existing securities, Kim claims.Even for virtual assets that are not considered securities, there are many types of assets that are financial in nature, such as e-money tokens — therefore, it is necessary to actively protect investors in non-security virtual assets through financial regulations such as reinforcing disclosure obligations, which is being done in the EU through the Markets in Crypto-Assets Regulation (MiCA).Empowering regulators for enhanced investor protection and market integrityKim underscored that investor protection and healthy growth of the virtual asset market are made possible mainly through expanding regulators’ authority to protect economic interests and prevent damages. The author also suggested institutional reforms that grant regulators substantial authority, which would enhance their ability to protect investors effectively and provide compensation for damages.He added that regulators should also have the authority to enforce liability for damages or impose civil penalties for unfair trading practices conducted using classified information.

Henan Province Establishes Metaverse FundAn administrative body within China’s Henan Province has established a 150 million yuan ($21.7 million) private equity investment fund which will be centered on financing metaverse-related projects.In a social media post on Thursday, the Assets Supervision and Administration Commission of Henan, a state-owned body, said that the fund had been created last month. The objective of the fund is to promote the development of the virtual reality and metaverse sectors. Specifically, the agency wants to bring about the development of “internationally competitive digital industrial clusters.”Photo by Jéan Béller on UnsplashA metaverse strategyLast year, Henan province administrators released a plan, setting out the objective of achieving a local metaverse industry reaching a level of 30 billion yuan by 2025. The plan was titled “Henan’s metaverse industry development plan for the years 2022 to 2025.” Its authors set out the objective of creating an industrial metaverse, an energy metaverse, an education metaverse and a virtual human metaverse.Henan is one of a number of regions vying to capture the upside in terms of the promise of the development of innovation relative to the metaverse. Earlier in 2022 local government in Shanghai set out to establish an industry fund of 10 billion yuan (approximately $1.4 billion) in assets, focused purely upon metaverse-centric development and innovation.Earlier this year, a delegate attending one of the city’s most influential yearly political meetings called for efforts to be made to provide for adequate regulation to enable further metaverse development and effective supervision of the space.The Beijing-based and state-backed China Computer Industry Association (CCIA) also took an interest last year, forming a metaverse committee to draft industry standards. It too planned to establish a 1 billion yuan fund, while aspiring to help other regional authorities establish a blueprint to progress the industry.Not to be outdone, Hubei province’s Wuhan and Anhui administrative areas made a pledge to boost metaverse development over the course of the next five years. Within the Wuhan administrative area, city officials are said to be aiming to integrate the metaverse, cloud computing and blockchain into the conventional, real economy.Opposing viewsIt’s curious to note that when it comes to decentralized blockchain and cryptocurrency, China has been vehemently opposed to their development within its borders. In September 2021, the country banned cryptocurrency transactions. Prior to that, it had implemented a ban on cryptocurrency mining activity, forcing the large miners that had long since established there to move overseas.It’s difficult to see how it can be positive relative to the metaverse when a metaverse depends on the use of blockchain technology. To confuse matters further, over the course of the past six months, it seems to have given a mandate to the autonomous territory of Hong Kong to open its doors in facilitating the crypto and blockchain sector in total contrast to the stance taken within mainland China.Recently compiled industry and market research suggests that the metaverse industry in China is expected to grow by 39.5% in 2023, with the space having experienced significant growth in the country over the course of Q3 and Q4, 2022.

Lotte Data Communication launches NFT donation campaign for children’s rehab centerSouth Korean IT service company Lotte Data Communication is running an NFT donation campaign dedicated to building a children’s rehabilitation center on its NFT marketplace KottonSeed, according to local newspaper The Herald Business on Friday.Photo by Markus Winkler on UnsplashNFTs for charitySponsored by the South Korean Ministry of Health and Welfare, the Korea Disabled People’s Development Institute, the non-profit organization Todag Todag and Hanam City’s Disabled People Family Support Center, the donation campaign will run throughout this month, rewarding every participant with one free “Good Seed NFT”. For each NFT distributed, Lotte Data Communication vowed to donate KRW 1,004 ($0.77). In Korean, the number 1,004 has the same pronunciation as “angel.”The company explained that the project aims to go beyond using NFTs simply as a form of virtual assets, but rather inspire a spirit of giving by showcasing the various ways that NFTs can be used. KottonSeed will also partake in more donation campaigns incorporating Good Seed NFTs in the future to contribute to this objective.“Through this donation campaign, we wanted to demonstrate that there are no limits to the use of NFTs. We hope this becomes an opportunity for many people to feel that positive influences can reach even the places that tend to go unnoticed in our daily lives through NFTs.”Bringing NFTs to various sectorsKottonSeed — currently a beta service — offers NFT marketplace and wallet services that support blockchain networks like Ethereum, Polygon and Klaytn and a variety of payment methods, making it easy for anyone to buy, sell and own NFTs. Lotte Data Communication has been making strides to increase KottonSeed’s presence in the NFT market since its launch earlier this year. It has been incorporating NFTs into various sectors such as proof of participation in activities, product promotion, sports marketing and environmental, social and governance (ESG) efforts.