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Hong Kong to Issue Digital Asset Licensing Guidelines in May

Policy & Regulation·April 28, 2023, 1:33 AM

According 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).

Hong Kong street
© Pexels/Jimmy Chan

SFC 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 property

A 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 approach

While 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.

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Policy & Regulation·

Oct 11, 2023

Israel Freezes Crypto Accounts Linked to Hamas

Israel Freezes Crypto Accounts Linked to HamasIsrael has taken action to freeze cryptocurrency accounts believed to be involved in a fundraising campaign for the Palestinian militant group Hamas on social media, according to a statement by Israeli police on Tuesday.Hamas recently carried out a series of devastating attacks from Gaza into Israel, leading to one of the most severe escalations in the Israel-Palestinian conflict in years.According to the police statement:“With the outbreak of the war, Hamas’ terrorist organisation initiated a fundraising campaign on social networks, urging the public to deposit cryptocurrencies into their accounts.”Photo by Taylor Brandon on UnsplashBinance implicatedIn response, the Police Cyber Unit and the Ministry of Defense, with the cooperation of global crypto exchange Binance, located and froze these accounts, with the intention of diverting the funds to the state treasury.While the statement did not provide specific details about the number of accounts frozen or the value of the cryptocurrencies seized, it emphasized the government’s proactive efforts to counteract these activities.Hamas had been using cryptocurrencies as a fundraising method for some time, but in April, the group announced that it would discontinue receiving donations in Bitcoin, citing an increase in “hostile” activities against its donors.Binance has been cooperating with global law enforcement agencies and regulators to combat illicit activities, including those related to terrorism financing. A spokesperson for Binance stated:“Over the past few days, our team has been working in real time, around the clock, to support ongoing efforts to combat terror financing.”Unwelcome attentionThe exchange also mentioned that the data used to identify individuals and entities associated with specific organizations comes from intelligence provided by law enforcement and investigative tools developed in collaboration with partners.While Binance is cooperating with law enforcement on these matters, such specific attention is likely to be unwelcome. The exchange platform has been the subject of severe regulatory pushback internationally in 2023. Any suggestion of terrorist financing being enabled through the platform, even if unknowingly so, won’t be helpful to the business in overcoming its regulatory challenges.In the lawsuit taken against Binance by the Commodity Futures Trading Commission (CFTC) in the United States earlier this year, the CFTC claimed that Binance was aware that it had facilitated terrorist financing, specifically referring to Hamas-related transactions.Given that all eyes are currently on the activities of the Palestinian terrorist group, there could also be trouble for rival platform Bitfinex. According to a Wall Street Journal report earlier this year, Bitfinex Turkiye was alleged to have facilitated an account that was used by Hamas for money laundering purposes.Previous crypto seizuresThis action by Israel is not the first of its kind. In May, Reuters reported that Israel had seized approximately 190 crypto accounts on Binance since 2021, including two accounts linked to the Islamic State and dozens owned by Palestinian firms associated with Hamas.Binance responded to these developments by affirming its commitment to cooperate with law enforcement agencies and emphasized that it uses information available only to law enforcement to identify individuals involved in activities related to illicit organizations.

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Policy & Regulation·

Jan 27, 2024

Hong Kong raises red flag on 'Floki' and 'TokenFi' staking programs

Hong Kong's financial watchdog, the Securities and Futures Commission (SFC), has issued a stern warning against two crypto investment schemes, namely the "Floki” and “TokenFi” staking programs. Offering high annual returnsThese programs, luring investors with enticing promises of annual returns ranging from 30% to over 100%, have triggered concerns within the regulatory authority due to their lack of authorization and questionable nature. In an update issued on Friday, the SFC emphasized that both Floki and TokenFi's staking offerings have not been granted approval for public offerings. Furthermore, the administrators of these programs have failed to provide convincing explanations about the feasibility of achieving such unusually high returns. The SFC cautioned that engaging in staking arrangements involving virtual assets without proper authorization may constitute unauthorized collective investment schemes.Photo by Sigmund on UnsplashUnsustainable yieldThe watchdog expressed its worry about the legitimacy of these staking programs, highlighting that neither has received the necessary authorization to provide services to the public in Hong Kong. Investors participating in these programs would not be protected under the SFC's regulations, potentially exposing them to significant financial losses. With the failure of many crypto platforms in 2022, a number of industry commentators began to question the sustainability of some public offerings. One such commentator, Allen Farrington, General Partner at bitcoin-native venture capital firm Axiom, repeatedly asked, “Where does the yield come from?” That appears to be the SFC’s concern in this instance. In its statement, it reaffirmed its commitment to upholding regulatory standards and safeguarding investors from fraudulent schemes. It warned that any breach of the law, including the promotion of unlicensed collective investment schemes, will result in appropriate legal action. Elon Musk-inspired meme coinFloki, initially conceived as a meme-coin inspired by Dogecoin, a project associated with Elon Musk, has evolved into a comprehensive Web3 project spanning decentralized finance, NFTs and the metaverse. TokenFi is a crypto and asset tokenization platform under the Floki umbrella, which aims to capitalize on the booming trillion-dollar tokenization industry. TokenFi, denoted by the ticker TOKEN, seeks to simplify the crypto and asset tokenization process with aspirations of becoming a leading platform globally. Launched last October, TokenFi operates as a multichain tokenization platform on both Ethereum and Binance Smart Chain. While both Floki and TokenFi offer distinct staking programs, they share a close integration. Stakers under the Floki scheme gain access to a significant portion of TokenFi's supply, while TokenFi stakers earn TOKEN rewards through a user-friendly interface. In the broader context of crypto staking, the practice allows users to earn rewards by contributing to a blockchain's security through the proof-of-stake mechanism. By staking cryptocurrency, users participate in a staking pool, similar to depositing money into a savings account. Staking rewards typically range from 5-20%, attracting investors seeking profitable opportunities. However, caution is advised against schemes promising unrealistic returns. The SFC, in collaboration with the Hong Kong Police Force, established a dedicated working group last year to enhance vigilance and enforcement in the evolving crypto sector. 

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Policy & Regulation·

Jun 26, 2023

Japan’s New Tax Amendment Sparks Optimism for Crypto Industry

Japan’s New Tax Amendment Sparks Optimism for Crypto IndustryJapan’s National Tax Agency has recently announced a revision to corporate taxation rules regarding crypto assets, according to a report by local media outlet Coinpost. The amendment states the exemption of companies from taxes on unrealized gains with cryptocurrencies.Photo by Nataliya Vaitkevich on PexelsPrevious tax burden on crypto profitsPreviously, corporate tax at a rate of approximately 30% was imposed on profits from cryptocurrency holdings, including unrealized gains, as per the Japan Times. This regulation has been criticized for burdening companies and impeding innovation in the blockchain industry. In response, some companies had opted to conduct their business operations overseas. However, with the new amendment, the rules have been relaxed for virtual assets issued and held by their companies.Two conditions for tax exemptionThe National Tax Agency clarified the two conditions under which virtual assets issued by a company would be exempt from taxation. Firstly, the crypto asset must have been issued by the company and continuously held since its issuance. Secondly, the virtual asset must have remained under continuous transfer restrictions since its issuance, which can be achieved through either implementing technical measures to prevent the transfer to other parties or holding the assets in a trust that meets specific requirements.This revision in corporate taxation rules is expected to provide relief for businesses in Japan that deal with cryptocurrencies and encourage innovation in the domestic blockchain industry. The relaxation of taxes on unrealized gains may also incentivize companies to keep their operations within the country rather than seeking alternatives abroad.

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