China deepens crackdown on crypto and real-world asset tokenization

Hong Kong Says No to Light Touch RegulationThe CEO of the Hong Kong Monetary Authority (HKMA) has said that while the autonomous territory will allow innovation to develop in the crypto space, that will not mean light touch regulation.Photo by Ruslan Bardash on UnsplashLowering guard railsAfter a three year hiatus, the Bloomberg Wealth Asia Summit returned to Hong Kong on Tuesday. Speaking at the conference, Eddie Yue, the CEO of the HKMA, Hong Kong’s regulatory body, outlined that the territory intends to enable innovation relative to crypto businesses that establish themselves in Hong Kong.“We will let the industry develop and innovate, we will let them create an ecosystem here,” he said. However, he added the following caveat: “But that doesn’t mean light touch regulation. If any participant thinks that the regulation is too tight, they’re welcome to go elsewhere.”Yue outlined that over the course of the past three years, guardrails relative to the operation of crypto-related activities were excessively high. Yue alluded to a new approach that sees those guard rails dropped to a level whereby innovation will be enabled in the digital assets space. However, he followed up by underlining the fact that the Authority has no intention of following a light touch regulatory approach.No safeguards not an optionAlthough acknowledging that Hong Kong may have been excessively crypto unfriendly relative to digital asset regulation in the recent past, he believes that Hong Kong has now got it right. “Our guardrails are lower, to a reasonable and sustainable level,” Yue said.The HKMA regulator flagged jurisdictions that provide little or no guardrails at all as the ones that will run into difficulties. “If you look elsewhere, there are no guardrails in some places, the guardrails are very low and there you see problems”, Yue clarified.He cited FTX as a stand out example of a basic lack of internal controls. FTX International was based in the Bahamas. While customers of FTX International find themselves in a difficult position, those of subsidiary companies FTX Japan and FTX Europe are having their funds returned as a direct consequence of much better regulatory safeguards in those regions.“All those wrongdoings by the platforms that we saw in the last one or two years will not happen in Hong Kong,” Yue claimed.A continuing trendWhile many commentators and critics from the conventional world have described bitcoin and crypto as a ponzi or a passing fad, Yue pointed out that digital assets are not going anywhere and that the trend towards digital assets will continue. Expanding further, he articulated that the overarching digital assets sector encompasses much more than just crypto: “Virtual assets or crypto is actually a very broad term. It’s not really about crypto, you’re talking about stablecoins or tokenized assets in the future.”A mere $0.3 trillion of illiquid real world assets have been tokenized thus far. It’s anticipated that this level of tokenization will climb to $16 trillion by 2030.

In a recent report, Singaporean digital asset financial services firm Matrixport has made a bold forecast regarding the future of bitcoin prices and the potential rejection of spot bitcoin ETFs by the Securities and Exchange Commission (SEC) in the United States.Photo by André François McKenzie on UnsplashMinority viewWhile most ETF and crypto industry analysts in recent weeks have been suggesting a greater than 90% chance of the imminent approval of a spot bitcoin ETF coming from the SEC, Matrixport has had its say, speculating that the regulator will once again reject all such applications. In a note published to its website on Wednesday, the firm stated:”The current five-person voting Commissioners leadership critical for the ETF approval of the SEC is dominated by Democrats. SEC Chair Gensler is not embracing crypto in the U.S., and it might even be a very long shot to expect that he would vote to approve bitcoin spot ETFs.” The report emphasizes the dominant influence of Democratic leadership within the SEC, particularly Chairman Gary Gensler's cautious approach to crypto regulation. The Democrat-led administration in the United States has been decidedly anti-crypto in its policies throughout the ongoing term of U.S. President Joe Biden. Matrixport also suggests a potential delay in ETF approvals until Q2 2024, dampening hopes of an imminent market boost. Potential bitcoin price slumpShould the company be right in that speculation, it extrapolates that this turn of events will potentially lead to a substantial decline in bitcoin's value, with the bitcoin unit price possibly dropping to as low as $36,000. This revelation has sent shock waves through the market, prompting Matrixport to advise investors to take protective measures. The recommended strategies include purchasing put options or engaging in direct shorting of bitcoin to mitigate potential losses. With an ominous Jan. 5, 2024 deadline looming, traders could decide to hedge their long exposure by purchasing $40,000 strike put options expiring at the end of January or opting for outright short positions through options. Matrixport's report challenges the previously optimistic expectations surrounding bitcoin's future, highlighting the SEC's likely rejection of spot ETFs as a significant factor. Despite the platform's earlier bullish stance, it now expresses skepticism about the SEC's willingness to embrace cryptocurrencies. The firm contends that the current influx of funds into crypto, driven by expectations of ETF approval, could result in significant liquidations if the SEC denies the proposals. The report estimates that about $10 billion of the $14 billion additional investments might be linked to optimistic ETF prospects. Notably, Matrixport foresees a rapid 20% decline in bitcoin's price, reverting to a range of around $36,000 to $38,000 should the SEC reject the ETFs. Positive long-term outlookDespite the potential setback with the SEC, Matrixport maintains a positive long-term outlook for bitcoin, expecting the BTC price to end 2024 above the $42,000 mark, where it started the year. The analysis also considers historical trends in U.S. election years and bitcoin mining cycles for the potential rally. At the time of writing, the bitcoin unit price is down 4.75% over the course of the past 24 hours, now standing at $42,838. Investors are closely monitoring the upcoming SEC decision and may well be heeding Matrixport's advice to navigate potential market volatility.  

Korea to Tighten Scrutiny of Crypto Exchange Shareholders Amid Rising ConcernsSouth Korea’s financial regulator is stepping up efforts to evaluate the qualifications of majority shareholders of cryptocurrency exchanges, according to a report by local news outlet Newsis. This initiative follows instances where majority shareholders of local exchanges, including Bithumb, found themselves embroiled in criminal proceedings. Drawing parallels with the banking sector, the regulator is scrutinizing the credentials of majority shareholders to ensure compliance and integrity within the cryptocurrency exchange landscape.Photo by Terrence Low on UnsplashRevamping reporting requirementsThe Financial Intelligence Unit (FIU) under the Financial Services Commission recently set up a task force to revamp the reporting requirements for crypto exchanges.The upcoming requirements are anticipated to be integrated into the reporting forms that cryptocurrency exchanges must complete, starting in October of next year. Essentially, these stipulations will determine whether existing exchanges, such as Upbit, Bithumb, and Coinone, can sustain their operations in the future.Periodic evaluationAccording to the Enforcement Decree of the Financial Transaction Reports Act, all virtual asset service providers (VASPs), including exchanges, are mandated to submit a renewal report every three years. Upbit, having been the first to submit its initial report in October 2021, will join other crypto exchanges in updating their reports in October 2024.A majority shareholder qualification assessment is a process in which the government periodically checks whether majority shareholders have the necessary qualifications to operate a financial company. Through this process, the FIU aims to curb potential illicit activities by majority shareholders, who hold significant sway over cryptocurrency exchange operations, thereby mitigating any potential harm to the users.Regulatory grey areaThis measure emerged from concerns that majority shareholders of exchanges have existed in a regulatory grey area. In fact, under the Financial Transaction Reports Act, only exchange representatives and registered officers are required to report and undergo examination when declaring VASPs. This leaves the actual owners and controllers — the majority shareholders — unidentified and unexamined.The current circumstances involving VASPs are markedly different and more concerning compared to other financial sectors. In the banking sector, restrictions are placed on share ownership and voting rights if majority shareholders have breached financial laws or if they are capital entities forbidden from owning a bank. Similarly, online peer-to-peer lenders and large lenders are also under obligation to have their majority shareholders scrutinized, as they fall under analogous regulations.Fraud and manipulation allegationsThe heightened scrutiny is also thought to have been sparked by recent allegations of fraud and market manipulation involving some majority shareholders of Korean exchanges. For instance, Mr. Kang Jong-hyun, a majority shareholder of Bithumb, is currently facing a criminal trial for allegations of fraudulent and unfair trade activities under the Capital Markets Act. Additionally, Song Chi-hyung, the majority shareholder of Upbit and chairman of Dunamu, is facing a Supreme Court trial over alleged price manipulation through wash trading.Moves to amend legislationMeanwhile, efforts are underway in the National Assembly to amend the existing legislation. Yun Chang-hyun, a lawmaker from the ruling People Power Party and a member of the National Policy Committee, has recently proposed a bill to revise the Financial Transaction Reports Act. The amendment seeks to implement a majority shareholder screening system for VASPs.The proposed amendments would obligate VASPs, including crypto exchanges, to disclose information about their majority shareholders in their reports, thereby enabling the FIU to scrutinize any past financial crimes or economic offenses committed by these majority shareholders.