Thailand’s SEC moves to block five exchanges to protect investors

HKMA Issues Warning Against Crypto Firm MisrepresentationThe Hong Kong Monetary Authority (HKMA), the central bank for the Chinese autonomous territory, has taken a stand against cryptocurrency businesses that falsely present themselves as “banks” and market their products as “deposits,” issuing a public advisory to raise awareness about the issue.Photo by Marcel Eberle on UnsplashBanking ordinance violationsIn a press release published to its website on Friday, the HKMA said that instances had arisen where crypto firms had labeled themselves as “crypto banks,” “crypto asset banks,” and “digital trading banks.” The regulatory authority underscored that such misrepresentations could be in violation of the Banking Ordinance in Hong Kong.In addition to adopting misleading bank-related titles, these crypto firms have been advertising “savings plans” as “low risk” with “high return,” potentially misleading the public into believing that these entities are authorized banks in Hong Kong, where they can securely deposit their funds.The HKMA stressed that only entities such as licensed banks, restricted license banks, and deposit-taking companies, collectively referred to as “authorized institutions” and holding a license granted by the HKMA, are legally permitted to engage in banking or deposit-taking activities in Hong Kong.Furthermore, funds held on crypto exchanges are not covered by Hong Kong’s Deposit Protection Scheme. “Under the Banking Ordinance, only licensed banks, restricted license banks and deposit-taking companies, which have been granted a license by the HKMA can carry out banking or deposit-taking business in Hong Kong,” the HKMA stated.Misuse of banking termsAny entity using the term “bank” in its business name or implying that it offers banking services in Hong Kong is committing an offense, according to the central bank. The same rule applies to any entity engaging in deposit-taking activities in Hong Kong or soliciting the public to make deposits.It’s important to note that crypto firms not officially recognized as banks in Hong Kong are not subject to the oversight of the HKMA.The HKMA advised the public to exercise caution. In cases of uncertainty regarding an entity claiming to be a bank or soliciting deposits in Hong Kong, individuals are encouraged to consult the register of authorized institutions on the HKMA’s website, and if doubts persist, it suggests that they should contact the authority via its Public Enquiry Service hotline.According to section 97 of the Banking Ordinance, only a bank or a central bank can use the term “bank” or its derivatives in its business name in Hong Kong without the written consent of the HKMA.Additionally, sections 11 and 12 of the Banking Ordinance stipulate that only entities possessing a valid banking license or recognized as authorized institutions are permitted to engage in banking or deposit-taking activities in Hong Kong. As per section 92 of the Banking Ordinance, only an authorized institution is authorized to issue advertisements inviting the public to make deposits, with certain exceptions.The HKMA’s advisory serves as a stern reminder to the crypto industry that regulatory compliance and transparency are essential, particularly when using terms associated with traditional banking, to protect the interests of the public.

Cebu Meeting of FSB Highlights Crypto RisksThe Regional Consultative Group for Asia of the Financial Stability Board (FSB) has highlighted the risks implicated by crypto assets in a series of meetings held on Thursday and Friday in Cebu, the Philippines.The FSB is an international body with a mandate to monitor the global financial system, as well as make recommendations in respect of that system. The agency was established by the G20 group of countries in April 2009, replacing its forerunner, the Financial Stability Forum.Photo by John Alvin Merin on UnsplashA regulatory framework for cryptoThe two-day event focused on non-bank financial intermediation (NBFI) in Asia and the development of an effective global regulatory framework for crypto-assets. It discussed recent developments in financial markets, together with their regional impact.In opening remarks, Philippine Central Bank Governor, Felipe Medalla, stated: “Crypto, the biggest issue there is, whether we like it or not is quite a lot, especially younger people who are actually gambling. They have huge losses, our view right now. Well, you’re there, it’s your problem and the regulation becomes strict the moment crypto meets banking.”International participants highlighted the need for the development of an effective global regulatory framework for crypto-assets. Particular concern exists with regard to the potential for systemic risk in relation to crypto and a potential overflow into the traditional financial system.Earlier this year, the FSB proposed a complete regulatory framework for cryptocurrencies, with the report having been originally submitted in October of last year. Among its key components is the imposition of tighter controls. It proposed the guiding principle of “same activity, same risk, same regulation” for crypto assets, mirroring the approach taken for traditional financial assets.Global approach to taming cryptoThis approach has proven to be problematic for people working within the digital assets space. Many of the core facets of cryptocurrencies are entirely different to anything we see in traditional finance. Trying to frame crypto within an existing approach and standard has been perceived by many to be akin to trying to fit a square peg in a round hole.It’s not the FSB's role or place to affect policy directly. That responsibility lies with policymakers and regulators in each individual country. However, the organization is seeking to influence those individuals and entities in the hope that they will employ its suggested regulatory framework.Klaas Knot, Chair of the FSB and President of the Dutch Central Bank, provided this view on crypto: “We will come up with a global regulatory framework. It also only makes sense to regulate this from a global perspective. Because, nowadays you can take a server and put it anywhere in the world and start issuing these digital assets.”From Knot’s take, it’s clear that governments and central bankers are cottoning on to the fact that individual nation-state regulation is futile to an extent where decentralized innovations like cryptocurrency are concerned. Others such as European Central Bank (ECB) President Christine Lagarde and Mark Branson, President of German financial markets regulator BaFin, similarly have called for a globally enforced regulatory approach over the course of the past year.Ongoing struggleWhile regulation can be helpful, particularly when it comes to the points at which crypto meets the traditional system, there’s no doubt that this emerging innovation will disrupt the conventional system to some degree or other. That may place an incentive before central bankers and governments to try and stymie the further development of digital assets.While a truly global approach to regulating digital assets could retard development of the sector, there is rarely total consensus among world governments on a single issue. Therefore, by its very nature, crypto, and the digital assets sector will likely continue to develop regardless. It’s more a question of how long that process takes.

The Hong Kong Monetary Authority (HKMA), the Chinese autonomous territory’s central bank, has launched a scheme which subsidizes projects endeavoring to issue tokenized bonds. Grants of up to $321KThe objective behind the initiative, which was announced in a statement published to the HKMA website on Nov. 28, is to nurture moves towards tokenization within Hong Kong’s capital markets. The initiative, titled the Digital Bond Grant Scheme (DBGS), can be accessed by financial services firms for up to two digital bond issuances. The grant may cover up to 50% of what the HKMA describes as “Eligible Expenses” incurred in the process of issuing and establishing the digital bond. A maximum grant level of HK$2.5 million ($321,000) has been established. Digital bond issuers are entitled to the full grant where both basic requirements and additional requirements have been met. A half grant of up to HK$1.25 million ($160,600) has been established for those issuers who have met the basic requirements. The scheme has been opened to applicants from Nov. 28 onwards, with it having been set out to run for an initial period of three years. To fulfill the basic requirements, a bond must be issued in Hong Kong and either be issued on a decentralized ledger technology (DLT) platform, or the project itself must be based in Hong Kong while being involved in the running of a DLT platform.Photo by Fidel Fernando on UnsplashAdditional requirementsThe HKMA has listed four items under additional requirements. These include a need for a digital bond to be issued on a DLT platform run by an entity that is not an associate of the issuer. The bond issuance, whether effected in one instance or in tranches, must account for a value of greater than HK$1 billion ($128.5 million).  The bond must be issued to greater than five investors who are not connected with or associates of the issuer. Finally, the bond must be issued on either the Hong Kong Stock Exchange or a virtual asset trading platform (VATP) licensed and regulated by the Securities and Futures Commission (SFC). Project EvergreenIn 2021, the HKMA launched Project Evergreen, an initiative geared towards exploring how DLT could enhance processes and efficiency within capital markets. On Nov. 28 the HKMA published an update on the project, outlining that since its foundation, tokenization had gained considerable momentum, with $10 billion in tokenized bonds having been issued globally within the last decade. The Hong Kong government carried out two tokenized bond issuances as part of the project. Due to the second issuance being seven times larger than the first one, the HKMA believes that this accounted for institutional investors being attracted to the bond issuance.  In the update, the HKMA outlined that going forward, the plan is to promote wider adoption of what is viable, within the confines of what is possible. The central bank asserted that the DBGS was established on this basis. The update stated: "To fully reap the potential of DLT, we need to keep pushing the boundaries and explore further innovation." In a related development, a report published by the Financial Times on Nov. 28 suggests that the Hong Kong government is considering offering crypto tax breaks to hedge funds and private equity funds.