Top

Japan to fine-tune crypto regulations to protect investors

Policy & Regulation·November 08, 2024, 3:28 AM

Japan's Financial Services Agency (FSA) is proposing new legislation in an effort to prevent the assets of Japanese investors held on crypto exchanges from being transferred overseas.

 

According to local news outlet Jiji Press, the Japanese regulator recently put forward the idea of drafting such a bill. It’s thought that the move suggests that the Japanese regulators have learned from the collapses of cryptocurrency exchanges Mt. Gox and FTX. 

https://asset.coinness.com/en/news/94aa449947d60aef7864b237fb96e2e5.webp
Photo by Jaison Lin on Unsplash

Learning from past failures

While Japan already had a higher standard of regulation in place prior to the FTX collapse, likely as a consequence of the authorities having experienced the downfall of Mt. Gox in February 2014, there is still room for improvement. 

 

While funds had been ring-fenced for FTX Japan users, those who accessed services advertised in Japan through the FTX app were deemed to have been accessing a service which fell under an international jurisdiction, denying them the same protections otherwise offered to FTX Japan platform users as a consequence of the regulations that had been put in place.

 

Incorporating a holding order

Japanese media outlet Nikkei described this latest move by the Japanese FSA as follows:

 

“The Financial Services Agency is moving towards creating a new ‘holding order’ in the Payment Services Act, which regulates cryptocurrency exchanges, that will order them not to take domestic assets entrusted to them by customers overseas.”

 

Consequently, the regulator is looking to add this as the latest proposed amendment to the Payment Services Act. Back in September it emerged that amendments to that existing legislation were being looked at with a view towards making it easier for businesses to incorporate digital assets into their service offerings.

 

The regulator has also been mulling over the reclassification of crypto as a financial instrument by amending the Payment Services Act accordingly. Additionally, a more generous tax policy is being proposed. Currently, the Japanese authorities impose a tax rate of up to 55% on cryptocurrency-related revenues. Corporate holders of digital assets have to apply a 30% tax rate, irrespective of income or profits.

 

With that, a 20% tax rate is being considered. The matter became a political issue prior to the East Asian nation’s recent elections, with the leader of the Democratic Party for the People (DPP) backing the application of a 20% crypto tax rate.

 

The application of a holding order has applied previously to companies that have been registered under the Financial Instruments and Exchange Act. This proposed amendment would see it applied to virtual asset trading platforms as part of the Payment Services Act.

 

Guarding against bankruptcy losses

If applied, the amendment would prevent loss of Japanese investor funds in circumstances where a crypto exchange platform goes into bankruptcy. Legal precedent set in the FTX bankruptcy in the United States means that if a user’s funds go into a non-individually segregated hot wallet belonging to an exchange, any property rights, even if explicitly outlined in the terms of service, are lost. 

 

A company can make a case to go into bankruptcy in any international jurisdiction, which means that this precedent has potential implications for all market participants. The proposed amendment from the Japanese FSA would serve to protect investors from such an eventuality.

More to Read
View All
Policy & Regulation·

Mar 19, 2024

South Korea and OECD hold roundtable on ASEAN digital finance

South Korea is holding a joint two-day conference with the Organization for Economic Co-operation and Development (OECD) on Monday to discuss digital finance in the member countries of the Association of Southeast Asian Nations (ASEAN).  Held in partnership with Korea’s Financial Services Commission (FSC) and the Korea Institute of Finance (KIF), the event was titled “OECD-FSC-KIF Roundtable on Digital Finance in ASEAN.” The roundtable intends to bring together many financial experts and high-ranking regulators worldwide, sharing the trend of digital financial frameworks in the ASEAN region while seeking solutions to emerging risks following financial digitalization.  Photo by Evangeline Shaw on UnsplashTwo-day event focusing on digital assets and AI The first day focused on the global market trend relative to digital assets such as central bank digital currency (CBDC) and virtual assets. FSC Vice Chairman Kim So-young, KIF Chairman Lee Hang-yong and OECD Director for Financial and Enterprise Affairs Carmine Di Noia delivered opening remarks, followed by discussion sessions joined by expert panelists. Among the first day’s roundtable agendas were: “Digital assets, CBDCs, tokenization and DLT-based finance: the Asian perspective,” “The limits of DeFi in terms for financial inclusion: Lessons from ASEAN,” “DeFi and crypto assets in ASEAN and beyond” and “Cyber-security in the financial sector.”  The second day focuses on leveraging artificial intelligence (AI) in financial sectors, with sessions titled “Artificial intelligence in Finance: the Asian perspective” and “Generative Artificial Intelligence in Finance in Asia and ASEAN.”  South Korea’s commitment to bolstering global financial cooperation During the roundtable, the FSC Vice Chairman Kim vowed to strengthen global financial cooperation with ASEAN countries. “(We) will continue strengthening our cooperation with other global partners, including ASEAN countries and international organizations, to share latest trends in finance and maintain our system in line with the international regulation norms,” said Kim. 

news
Web3 & Enterprise·

Jun 02, 2023

First Digital to Introduce USD-Backed USD Stablecoin

First Digital to Introduce USD-Backed USD StablecoinFirst Digital Trust, a Hong Kong-based qualified custodian and trust company, is set to introduce a new stablecoin called “First Digital USD,” with the short-code $FDUSD. This stablecoin will be pegged to the US dollar but regulated within Asia.Photo by Alexander Grey on UnsplashIntroducing $FDUSDAccording to First Digital, $FDUSD will be backed by one US dollar or an asset of equivalent fair value on a one-to-one basis. The reserves supporting FDUSD will be held in segregated accounts at institutions in Asia.$FDUSD aims to provide stability and will be programmable, enabling the execution of financial contracts, escrow services, and insurance without the need for intermediaries. In a statement published on Thursday, First Digital emphasized its commitment to full compliance with current and future laws and regulations. The company also expressed its intention to participate in shaping the regulatory landscape for $FDUSD and First Digital itself.The announcement of $FDUSD is particularly significant in light of the new “Guidelines for Virtual Asset Trading Platform Operators” set to take effect in Hong Kong on June 1. These guidelines outline rules for safe asset custody, client asset segregation, conflict of interest avoidance, and cybersecurity standards, as mandated by Hong Kong’s Securities and Futures Commission (SFC).Hosted on BNB Smart ChainFDUSD will operate on the BNB Smart Chain and will be issued by First Digital Labs, a subsidiary of First Digital Trust, a regulated digital asset custodian under the Hong Kong Trustee Ordinance. The law ensures that $FDUSD will be fully backed by US dollar reserves or highly liquid, high-quality assets held in regulated Asian financial institutions, with no commingling with other assets of First Digital.Vincent Chok, CEO of First Digital, emphasized the company’s commitment to regulatory compliance and setting a new standard for legitimacy in the industry. First Digital intends to comply with all applicable laws and regulations and actively contribute to the shaping of regulatory regimes for $FDUSD and First Digital in the future.The $FDUSD stablecoin will be redeemable for US dollars, providing users with a reliable bridge between the digital and fiat currencies.Biden administration's own goalAs regulatory uncertainty persists in the United States, some industry players are expressing concerns about losing the country’s leadership position in the crypto sector. They warn that the industry may be offshore to more favorable jurisdictions.News of First Digital Trust’s US dollar stablecoin intentions brought scathing criticism of US policy from US commentators within the crypto space. Austin Campbell, Managing Partner at Zero Knowledge Consulting, a firm that advises on crypto payments and stablecoins, stated that the US government and US regulators had created a paradigm where they now have less control over distribution and regulation while the product they were suppressing continues to exist and scales elsewhere.Nic Carter, Partner at venture capital firm Castle Island Ventures, wrote that “the wise sages in US government took one look at the onshore registered stablecoin market and decided they’d much prefer unaccountable offshore crypto-eurodollars.”Macro-economist Luke Gromen described this consequence of US policy as the “monetary equivalent of deciding they would prefer making their goods in China rather than paying US workers and deal with union labor.” Meanwhile, Caitlin Long, Founder and CEO of digital asset-focused Custodia Bank, suggested that US federal regulators “thought they could kill USD stablecoins” but that “they miscalculated.”

news
Web3 & Enterprise·

Sep 18, 2023

WEMIX PLAY to Add Two New Blockchain Games to Lineup

WEMIX PLAY to Add Two New Blockchain Games to LineupSouth Korean gaming publisher Wemade said Monday that it has agreed to onboard two new sports games, Ballies and El Jefe Futbol, on its blockchain gaming platform WEMIX PLAY.Photo by ELLA DON on UnsplashThis is the latest development in Wemade’s continued efforts to expand its global partnerships in order to secure a diverse game lineup on WEMIX PLAY and diversify genres within its gaming portfolio.New Web3-enabled games for sports enthusiastsBallies, developed by Ballies LLC, is a blockchain-based, basketball-themed strategy card mobile game. It operates on an on-ramping lend-to-earn system as a Web2 game while incorporating the benefits of Web3 platforms. Users can engage in various blockchain-integrated content, such as lending avatars to other players or participating in tournaments to earn game tokens. The game recently wrapped up beta testing and will be released at the end of this month, according to an announcement on its official X (formerly Twitter) account.On the other hand, El Jefe Futbol is Studio 369’s new soccer strategy game set to launch on November 15. Players can create soccer teams, train players, and participate in various types of matches, including tournaments, league matches, and player-versus-player (PVP) games. They can also convert their athletes into non-fungible token (NFT) cards for trading.Once these games are released, users will have the opportunity to buy and sell NFTs from Ballies and El Jefe Futbol on the WEMIX PLAY marketplace.Opportunity for expansionKlemen Gradisar, Co-Founder of Ballies LLC, expressed his excitement to be a part of the WEMIX community, deeming the WEMIX PLAY onboarding a monumental step for the platform. Matt Candler, CEO of Studio 369, added that this will be an opportunity for Studio 369’s blockchain games to reach a wider audience. As a development studio with expertise in compatibility across various platforms and high-quality gameplay, he said that the studio is committed to providing top-notch gaming experiences.

news
Loading