Hong Kong Says No to Light Touch Regulation

FTX Seeks Exclusion of Dubai Unit from Bankruptcy ProceedingsFailed crypto exchange FTX, which filed for bankruptcy in November, is now aiming to exclude its Dubai unit from the ongoing restructuring proceedings unfolding in the United States.Photo by Roman Logov on UnsplashNo previous business activityThe motion, filed with the bankruptcy court in Delaware on Wednesday, comes as FTX contends that its Dubai branch had not engaged in any business activities prior to the bankruptcy declaration, making its participation in the rehabilitation efforts unlikely.In the recent court filing on August 2, FTX put forth its argument that its Dubai unit, FTX Dubai, held a balance sheet that was solvent. Consequently, the exchange proposed that initiating a voluntary liquidation process in line with the laws of the United Arab Emirates (UAE) would expedite the distribution of its positive cash balance, settling liabilities, and liquidating assets.FTX Dubai, a wholly-owned subsidiary of FTX’s European arm, holds a sum of approximately $4.5 million across various accounts. However, $4 million of this amount remains restricted by the Virtual Assets Regulatory Authority (VARA) of Dubai, serving as a security measure for its license as a virtual asset service provider.Expired licensingFTX Dubai was originally awarded a license by VARA in July 2022, although it never got to a point where it offered any crypto-related services based on that license. On May 31 of this year, FTX Dubai management was informed by VARA that the regulator would not seek to renew the license if FTX Dubai didn’t act to terminate it. The license was subsequently suspended on July 12 by VARA.Licensing could have been useful to a new operator coming in to run the business. Earlier this week, the FTX Debtor filed a restructuring plan that leaves a path open towards relaunching the FTX International business outside of the United States. It’s clear that the current regulatory environment in the US is such that it’s simply not an attractive option to establish a restructured FTX business there.The FTX Debtor and its advisors are engaging with bidders for the business. In establishing a business on the right footing, it may be just as well that licensing will start afresh. To settle market doubts, the new entity will need to achieve a high level of compliance and industry-leading customer protections.FTX Dubai is now anticipated to collaborate with the designated liquidator to carry out essential administrative procedures, ensuring a systematic and efficient execution of the liquidation process. The company’s decision to file for bankruptcy on November 11, 2022, initiated bankruptcy proceedings for a total of 102 associated entities worldwide, reflecting the substantial impact of its financial turmoil.The matter is scheduled to be addressed in the court’s first hearing on August 23, shedding light on how the court will respond to FTX’s motion to remove its Dubai unit from the overarching bankruptcy proceedings in the US. This development underscores the complexities of a cross-border crypto bankruptcy, highlighting the intricacies of global regulatory frameworks in this evolving sector.

BOK Staffers Assess Crypto Market Vulnerabilities and Their ImplicationsOn Thursday, the Bank of Korea’s (BOK) staff members published an assessment of the vulnerabilities in the cryptocurrency market and their potential implications. Here is the summary of the report.Photo by D Tan on Unsplash2022 crypto winterThroughout 2022, the worldwide crypto market faced a series of adverse occurrences, such as significant drops in the prices of major crypto-assets and the collapse of prominent crypto companies. These events shed light on the vulnerabilities that had accumulated during the rapid growth of the market.The first major event occurred in May 2022 when the algorithmic stablecoin TerraUSD experienced a sharp decline, resulting in substantial losses and bankruptcies for numerous retail investors and crypto firms. This incident significantly eroded confidence in the overall crypto market. The subsequent bankruptcies of prominent crypto lender Celsius and hedge fund Three Arrows Capital (3AC) further highlighted the realization of risks commonly associated with traditional financial markets, such as multiple collateral loans and maturity and liquidity mismatches, within the crypto market.In November 2022, the well-known crypto exchange FTX filed for bankruptcy, demonstrating that the activities of a large crypto company can propagate risks through moral hazard and excessive profit-seeking behavior when it operates outside the realm of regulatory oversight.Similarities with TradFiThese negative events that unfolded in the global crypto market in 2022 share similarities with issues previously observed in financial markets, such as unsustainable business models, liquidity risk, leverage, and lack of transparency in financial conditions. These parallels suggest that if the crypto markets were subjected to comparable levels of regulation as traditional financial markets, it is plausible that the triggering of these risks could have been avoided altogether, or at the very least, the resulting damage could have been mitigated to some extent.Implications for the Korean marketAt present, it is deemed unlikely that events akin to those witnessed in overseas crypto markets will transpire in the Korean market. The Korean crypto-asset market has primarily evolved through exchanges, with limited influence from other enterprises such as crypto issuers and decentralized lending platforms. In addition, Korean crypto exchanges are subject to regulation under the Act on Reporting and Using Specified Financial Transaction Information. This mandates the separation of customer deposits from exchange assets and the strict management of custodial crypto-assets through secure wallets. Additionally, Korean exchanges are prohibited from listing their own tokens on their platforms.However, there remains a dearth of information regarding the business structures of crypto companies that offer services similar to those in the traditional financial industry. This lack of information poses challenges in accurately assessing risk and providing adequate investor protection. Meanwhile, there is a potential for a deeper integration between the crypto market and users’ daily lives, particularly through major technology companies, gaming companies, and security tokens.SuggestionsIt is vital to ensure that crypto-assets are regulated based on the principle of “same activity, same risk, same regulation” through the ongoing development of crypto-asset-related legislation. The Financial Stability Board, an international body monitoring the global financial system, explained this principle in a 2022 paper: “Where crypto-assets and intermediaries perform an equivalent economic function to one performed by instruments and intermediaries of the traditional financial sector, they should be subject to equivalent regulation.”Additionally, it is necessary to stay aligned with major countries in terms of the speed and comprehensiveness of regulatory measures to prevent regulatory discrepancies across borders due to the global nature of crypto risks.Enhancing the effectiveness and efficiency of regulation requires the establishment and maintenance of a close cooperation system between authorities. This collaborative effort should encompass various aspects, including monitoring, information gathering, and supervision of the crypto-asset market. Notably, the widespread adoption of stablecoins can affect the stability of the overall financial system, including monetary systems and payment and settlement systems. Hence, it is necessary to strengthen the involvement of central banks in the monitoring and supervision framework for crypto-assets, including stablecoins, as demonstrated by legislative approaches adopted by major economies like the EU. Furthermore, imposing disclosure requirements, external audits, and documentation submission obligations on crypto-asset operators is advisable.

Singapore proposes additional rules to safeguard retail crypto investorsSingapore announced on Thursday its intention to implement new regulations aimed at protecting individuals by limiting their ability to trade cryptocurrencies.Photo by Daniel Welsh on UnsplashRules follow public consultation processIn a press release published to its website on Thursday, the Monetary Authority of Singapore (MAS), the city-state’s central bank and financial regulator, finalized these measures following a yearlong public consultation and review of cryptocurrency platforms, also known as digital payment token (DPT) service providers.Effective in phases from mid-2024, one key measure will prevent operators from accepting purchases through locally issued credit cards. Along the same lines, the regulator wants operators to discourage the use of margin and leverage transactions, or borrowing to facilitate trading activity. Market commentators, such as Custodia Bank Founder and CEO Caitlin Long, have long warned of the havoc that leverage has played in the crypto sector. Last year Long commented:”SO MUCH of the garbage in #crypto during this cycle was just leverage dressed up as tech innovation.”Additionally, incentives that encourage individuals to trade digital tokens will be banned. Such incentives could include providing free trading credits or digital assets as rewards during sign-ups or referrals.Curbing speculationWhile the MAS acknowledges the speculative and highly risky nature of cryptocurrency trading, it asserts that these regulations aim to help cryptocurrency operators protect customer interests. However, the MAS emphasizes that the regulations “cannot insulate customers from losses associated with the inherently speculative and highly risky nature of cryptocurrency trading.”Ho Hern Shin, the Deputy Managing Director for Financial Supervision at the MAS, urged consumers to exercise caution, stating:“We urge consumers to remain vigilant and exercise utmost caution when dealing in DPT services and to not deal with unregulated entities, including those based overseas.”The MAS expanded the scope of these measures to include all retail customers, regardless of their residency, following public feedback. This includes individuals who are not accredited investors or institutional investors. Accredited investors are those with over $1 million in net financial assets, among other criteria.Responding to crypto platform failuresThese regulatory steps come in response to the increasing access of individuals to the risky asset class, driven in part by the collapse of several unlicensed cryptocurrency companies in Singapore such as Hodlnaut and Vauld last year. The resulting calls for greater oversight prompted the MAS to initiate a feedback-gathering exercise in October, seeking input from industry players on proposed measures and other framework-establishing proposals.The bankruptcy filing of cryptocurrency group FTX the following month further accelerated the need for regulatory action globally, including in Singapore. In July, the MAS published the initial set of measures based on the consultation, requiring operators to keep customer assets in a trust and limiting their lending and “staking” of digital payment tokens.Staking, a process enabling investors to earn yields by depositing crypto assets for use in blockchain transactions, is among the activities facing restrictions. MAS Managing Director Ravi Menon criticized cryptocurrencies recently, stating that they have “failed the test of digital money,” citing poor performance as a medium of exchange or store of value and susceptibility to sharp speculative swings, leading to significant losses for many investors.