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Korean and U.S. regulators to discuss recognizing NFTs as virtual assets in May

Policy & Regulation·February 27, 2024, 6:40 AM

Lee Bok-hyun, the governor of South Korea’s Financial Supervisory Service (FSS), is set to have a meeting with Gary Gensler, the chair of the U.S. Securities and Exchange Commission (SEC), in May. The purpose of their meeting is to discuss whether to classify non-fungible tokens (NFTs) as virtual assets. Currently, NFTs are not seen as virtual assets in Korea, but there is a high likelihood of them being acknowledged as such following the meeting in May, local financial media outlet Edaily reported.

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Lack of definition for NFTs

An NFT is a digital certificate of authenticity that is not fungible or replicable. NFTs tokenize content or assets of various types – from images, music, videos, games and artworks to real-estates – by assigning a unique token ID to them. Many see 2018 as the year NFT technology was first introduced. 

 

Despite its wide range of applications, no legal definition has been made for NFTs. Some view NFTs as technology, and others as virtual assets or securities. The Korean government decided not to recognize NFTs as virtual assets under the Virtual Asset Protection Act (Virtual Asset Act), effective in July. Behind this decision is a perception that NFTs are less likely to pose significant risks to the market, as a large portion of NFTs are now traded by collectors seeking to expand their private collections. 

 

However, NFTs are increasingly seen as speculative destinations by many investors over time, as prices of virtual assets including BTC surge. This shift backs the local movement to recognize NFTs as well as spot bitcoin ETFs as virtual assets.

 

Opposition from NFT businesses

Blockchain industry insiders say defining NFTs is of utmost importance, noting that classifying NFTs as virtual assets headfirst could deal a heavy blow to businesses in this sector. One finance insider mentioned that defining NFTs comes down to understanding their purposes and how they are utilized. If NFTs are primarily used for speculative purposes or as currency, they could be recognized as virtual assets, the person said. 

 

The biggest resistance is coming from NFT-related businesses. That is because recognizing NFTs as virtual assets would require these businesses to obtain a virtual asset service provider (VASP) license from the financial authority, which takes significant costs and workforce in the process.

 

A CEO of a blockchain startup, who preferred to remain anonymous, expressed concerns about the possibility of NFTs becoming virtual assets, saying that such recognition would enable NFT transaction tracing, potentially leading to severe violations of human rights.

 

While many industry insiders expect that the financial authorities will bring NFTs under the forthcoming Virtual Asset Act, the FSS stated that no decisions have been made regarding details of the upcoming meeting with the U.S. SEC. 

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Web3 & Enterprise·

Jan 24, 2025

Phemex halts withdraws following $37M hack

Phemex, a Singapore-headquartered crypto derivatives trading platform, has halted withdrawals following a multi-million dollar hack.Photo by GuerrillaBuzz on UnsplashHot wallet compromisedIn a message to platform users published to social media, the project stated: “To ensure security, withdrawals have been temporarily suspended while we conduct an emergency inspection and strengthen wallet services. We sincerely apologize for the inconvenience. Withdrawals will be restored soon.” In further commentary, the project apologized for the disruption, assuring service users that its mission remains to provide a trusted trading environment, while outlining that it is working on putting together a compensation plan. It added that “Our ongoing business operations are fine,” and that “trading services continue as usual.” The digital assets were removed from the platform over multiple blockchains including Polygon, Arbitrum, the Base network and BNB. Blockchain analytics firm Lookonchain itemized some of the assets that are believed to have been stolen. They include 3.48 million USDC stablecoin, 3.42 million USDT stablecoin, 841 ETH valued at $2.7 million, 110,701 LINK valued at $2.69 million, 142 billion PEPE tokens valued at $2.12 million, 1.19 million FET tokens valued at $1.45 million and 29,509 AVAX tokens valued at $1.04 million. Initial reports put the loss at $31 million. However, Web3 security firm Cyvers later claimed that $37  million covers the full extent of the loss. Following deeper analysis, it found that both Bitcoin and TRON blockchains had also been impacted, resulting in the overall loss being increased by a further $6 million. Cold wallet assets are safeThe company’s CEO Federico Variola, published a post on X advising service users that all of the assets held within the company’s cold wallets remain safe. He included a link to the Phemex proof of reserves, encouraging customers to check it. In a follow-up post, he wrote: “We are currently carefully testing our system to reprise withdrawals as soon as possible. Due to the sophistication of the threat actor we cannot rush this stage. The estimated timeline to reprise full operations is within 24h, thank you for your support.” The XNET Foundation, a non-profit entity that develops decentralized wireless networks, said that it is actively working with the Phemex team on the production of an exploit report following the incident. It added that “It has been confirmed that tokens sent to the exchange for a launchpad pool were compromised as part of this exploit.” Ongoing problemCrypto hacking remains a major concern within the digital assets sector. Blockchain security firm PackShield reported recently that $1.3 billion had been laundered from crypto hacks in 2024. That statistic demonstrates that the problem is worsening as it accounts for a $342 million or 280% increase when compared with 2023. In December a Chainalysis report found that 61% of the hacking losses suffered in 2024 implicated the involvement of North Korean hackers. It estimated crypto hacking losses of $2.2 billion for 2024, based on losses associated with 303 hacking incidents.

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Policy & Regulation·

Apr 19, 2023

Korea’s FSC Opposes Other Agencies’ Involvement in Virtual Asset Bill

Korea’s FSC Opposes Other Agencies’ Involvement in Virtual Asset BillAhead of the National Assembly’s passage of the virtual asset bill, the Korean Financial Services Commission (FSC) has repeatedly opposed the involvement of the Bank of Korea (BOK) and the Financial Supervisory Service (FSS) in regulating cryptocurrencies, according to the Korean newspaper Kukmin Ilbo.©Pexels/LukasFSC’s oppositionIn a document submitted to the National Assembly’s National Policy Committee, the FSC opposed stipulating the BOK’s right to request documents in the virtual asset bill. The agency argued that the bill is indirectly related to the BOK’s monetary and credit policy and that explicitly mentioning monetary and credit policy in the bill could lead to the misinterpretation of virtual assets as possessing the characteristics of currencies.The FSC also objected to stipulating the FSS’s right to inspect crypto enterprises. According to law, the purpose of the FSC is to inspect and supervise financial institutions. Explicitly stating the FSS’s right to inspect crypto enterprises could cause confusion to the public that they are financial entities.However, there are growing concerns about the FSC’s perceived intention to dominate virtual asset jurisdiction.At a small meeting held under the National Policy Committee last month, Lawmaker Yoon Han-hong of the ruling People Power Party expressed the view that the FSC should consider incorporating the BOK and the FSS in the virtual asset bill for crypto regulations. During the meeting, the FSC objected to the inclusion of a stipulation that excludes central bank digital currencies (CBDCs) from the definition of virtual assets. Meanwhile, the BOK agreed to include such a stipulation.Allowing class action suitsAccording to an internal document obtained by Kukmin Ilbo, the FSC also intends to allow class action suits for crypto investors. It seeks to add cryptocurrencies to a bill proposed for class action suits, which also deal with securities. Class action suits provide a means for victims to receive redress in cases where a representative is successful in winning the lawsuit against the offender.The FSC stated that it will follow the majority on the issue of whether the purpose of the virtual asset bill should include the phrase “to contribute to the development of the nation’s economy,” although it left a cautionary note that some might raise objections to this, considering the speculative nature of virtual assets.

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Web3 & Enterprise·

Oct 04, 2024

Circle moves towards further APAC expansion via MHC Digital partnership

MHC Digital Group, an Australian digital assets management platform, has entered into a partnership with USDC stablecoin issuer Circle Internet Financial, with a view towards increasing the circulation of USDC within Australia and the Asia-Pacific (APAC) region. MHC was founded by well-known venture investor Mark Carnegie, with the company having offices in Sydney and Singapore. The firm will work with Circle to distribute USDC in Australia and within the APAC region. MHC has been marketing its services towards institutional investors and it’s that same client group that the two firms want to target in order to increase USDC circulation. The firm will provide “cost-effective and efficient USDC access” where institutional clients are concerned.Photo by Catarina Sousa on PexelsCrypto ‘a better mousetrap’ In a media release published on behalf of the two companies, Carnegie claimed that while many people still claim that there is no use case for crypto, hundreds of billions move globally at a fraction of the cost experienced via the traditional financial system. “Crypto is simply a better mouse trap for the vast majority of international payments,” he added. Commenting on the development in an interview with the Australian Financial Review, Carnegie stated:“I’m hoping we can show there are hundreds of millions of dollars of forex [foreign exchange] trading fees, where super funds are getting their faces ripped off by Macquarie Bank and the other incumbent banks.” Appealing to pension funds Carnegie wants to get large pension funds on board in using USDC. He pointed to the fact that global banks make $170 billion from corporations and individual investors through the movement of funds over the SWIFT network. He can see that major savings can be made if USDC is used relative to these fees. Despite all this, Carnegie acknowledges that it will be a hard sell to get them on board. As part of these plans, MHC Digital will be launching an over-the-counter (OTC) trading desk, which will be targeted towards hedge funds, crypto enterprises and high-net-worth individuals. APAC opportunity Kash Razzaghi, Circle’s chief business officer (CBO), identified APAC as presenting with an adoption opportunity beyond institutional clients. Razzaghi stated: “With its young, mobile-first and digital wallet-ready population, the Asia Pacific region is ahead of the curve when it comes to digital asset adoption." Carnegie appears to be similarly enthusiastic when it comes to the APAC region. In an interview with CNBC back in January, he suggested that the crypto bull run was “an Asian story this time round.” It’s understood that the two companies are also considering collaborating on the issuance and distribution of an Australian dollar (AUD) denominated stablecoin. This development is the latest in a string of initiatives taken by Circle to bring about USDC adoption in the APAC region. In 2023 the company partnered with SBI Holdings with the objective of enhancing the circulation of USDC within the Japanese market. The very same rationale resulted in it partnering with Tokyo-based crypto trading platform Coincheck in February 2024. The company has also tried to trigger adoption at a retail level, through collaborations with FamilyMart convenience stores in Taiwan and Southeast Asian super app Grab. 

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