Korea to Tighten Scrutiny of Crypto Exchange Shareholders Amid Rising Concerns

South Korea Advances Crypto Disclosures Bill for LawmakersThe floor leader of the ruling political party in the South Korean Assembly is urging faster implementation of a new bill that will require Korean politicians and senior government officials to make a declaration of any crypto-related holdings.The bill was already in the works but is now picking up speed, and likely to be brought into effect earlier than expected. That’s according to a local report published by Yonhap news agency. The bill is being finalized against the backdrop of a particularly poignant political controversy.Photo by rawkkim on UnsplashPolitical controversyLawmaker and former Democratic Party of Korea opposition party member Kim Nam-kuk is at the center of a political fuss, and with that, intense scrutiny relative to his interaction with crypto-assets. Kim reportedly held 800,000 WEMIX tokens in early 2022, with a value in the region of 6 billion Korean won (around $4.5 million).Existing legislation provides for a need for Korean politicians to disclose their investments and wealth. However, that provision has not caught up with the digital asset era. Virtual assets had been an exception which lawmakers are now rushing to remedy.Once news of Kim’s crypto holding emerged, it led to suspicion and accusations of insider trading. The politician had made a number of crypto trades during the time in which he was actively working on digital asset legislation. As the controversy gathered more attention, it led to the offices of two of the country’s leading crypto exchanges, Bithumb and Upbit, being raided. Records related to Kim’s crypto trading activity were seized.Bringing forward enforcement dateThe bill that will remedy circumstances like the one that has arisen as a result of Kim’s crypto trading activity is being put forward by Yun Jae-ok, the floor leader of the ruling party. It had originally been scheduled to be implemented in December, but Yun is looking to have the bill amended so that the enforcement date of the proposed legislation takes place in two months.“Given the current high level of public interest, especially regarding lawmakers, it’s not appropriate to enforce the law six months later after the promulgation,” Yun told Yonhap news agency. It’s understood that Yun has asked the leader of the Public Administration Committee to put forward the modified version of the law.The legislative process in South Korea requires initial drafting of the bill, followed by the proposed legislation being scrutinized by a number of relevant committees, inclusive of the Legislation and Judiciary Committee. An assembly debate follows, and beyond that, it’s expected that there will be a vote on the legislation, which has been scheduled for Friday.Should the bill be carried following the vote, the approved bill then proceeds to the President. So long as it is not vetoed, it is presented to the public and becomes law.On an international basis, financial interest disclosure requirements are common. Taking the US and the UK as examples, both jurisdictions require their politicians to disclose financial holdings. However, it would appear that South Korea is about to enact an advanced form of such legislation comparatively, as currently in both the US and UK, there is no specific provision requiring politicians to disclose crypto holdings.

The recent 19b-4 approval of spot Ethereum exchange-traded funds (ETFs) by the U.S. Securities and Exchange Commission (SEC) is putting pressure on South Korean financial regulators to revisit their policies on digital assets. The SEC's decision to allow ETFs for Ethereum, the world's second-largest cryptocurrency, on May 24, 2024, follows its earlier endorsement of Bitcoin ETFs in January 2024. This move is seen as a significant step in merging traditional finance with the digital asset sector.Photo by DrawKit Illustrations on UnsplashKorean regulatory cautionIn contrast to the progressive stance in the U.S., the Korean Financial Services Commission (FSC) and the Financial Supervisory Service (FSS) have maintained a cautious approach regarding the integration of crypto assets into traditional securities markets. According to current regulations under the Capital Markets Act, ETFs in Korea are limited to traditional underlying assets such as financial instruments, securities, international currencies and commodities. These foundations are crucial for the creation of financial derivatives, leaving little room for digital assets under current laws. Calls for regulatory reforms and market implicationsThe decision by the SEC is expected to influence the Korean regulators to update their views on digital assets, according to local media and industry experts. Jung Eui-jung, the head of the Korean Stockholders’ Alliance, has advocated for Korea to emulate the U.S. by approving Bitcoin and Ethereum ETFs. He expressed concerns that continued regulatory hesitance could lead to investor funds migrating to more progressive markets like the U.S., potentially positioning the U.S. to broaden its crypto market further. Xangle, a digital currency data provider in Seoul, has also criticized the current regulations as outdated, emphasizing the need for revisions to accommodate the increasing relevance of digital assets in global finance. 

Komainu Partners with Copper to Enable Off-Exchange SettlementsKomainu, a well-established and regulated custody service provider and subsidiary of Japanese financial services conglomerate Nomura, has recently unveiled a new partnership with Copper, a digital asset solutions firm.This collaboration offers institutional clients of Komainu a means through which they can access off-exchange settlements. At a broader level, it is another significant development in progressing digital assets infrastructure.Photo by Gerd Altmann on PixabayClearLoop network accessKomainu, which was originally launched by Nomura in conjunction with Ledger and CoinShares, will be accessing Copper’s ClearLoop network as part of this collaboration. This partnership brings a host of possibilities for institutional clients of Komainu.What makes this collaboration particularly noteworthy is its ability to merge Komainu’s regulated, on-chain custody with the advanced off-exchange settlement capabilities of ClearLoop. As the institutional adoption of digital assets continues to gain momentum, the focus on managing custody and counterparty risk has never been more critical. Recent events, such as the collapse of the crypto exchange FTX alongside a plethora of crypto lending platforms, have served as stark reminders of the significance of robust custody solutions in this space.ClearLoop network growthClearLoop, with its distinctive feature of holding assets until just before a trade execution, effectively mitigates counterparty risk by seamlessly connecting multiple exchanges within a single trading network. This innovative approach eliminates the need to transfer assets to an exchange-based wallet, streamlining and fortifying the institutional trading process.UK-based Copper has been making market in-roads with its off-exchange settlement tool which it first launched in 2020. In March crypto exchange platform Huobi signed a memorandum of understanding (MOU) with Copper with the intention of joining the ClearLoop Network. Bitstamp, the world’s oldest crypto exchange, followed in April with its intention to integrate with ClearLoop.Singapore’s Matrixport was next to join in May, followed by Seychelles-headquartered crypto exchange Bitget in August.The leaders of both companies, Nicolas Bertrand, CEO of Komainu, and Dmitry Tokarev, CEO of Copper, expressed their enthusiasm for this partnership. Bertrand highlighted the importance of diversifying counterparty risk and commended the partnership’s ability to offer clients the best of both worlds. He emphasized that by combining Copper’s proven processes and connectivity with Komainu’s on-chain, segregated, and regulated custody platform, this partnership is set to raise the industry’s standards significantly.UK regulatory approvalEarlier this month, Komainu achieved a further milestone when it received regulatory approval from the UK’s Financial Conduct Authority (FCA) to operate as a custodian wallet provider. This achievement aligns with the regulatory framework established to combat money laundering, terrorist financing, and fund transfers.In a landscape where institutions are increasingly embracing digital assets, the partnership between Komainu and Copper demonstrates that the industry is moving towards ushering in a new era of more secure, efficient, and trustworthy financial markets. With the FCA’s regulatory approval, Komainu is solidifying its attempts towards adhering to the industry’s most rigorous security and compliance standards.