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The Philippines Forging Crypto Reg. Path US Could Learn From

Policy & Regulation·April 10, 2023, 3:32 AM

The Philippines has demonstrated best practice in operating a sensible regulatory framework relative to cryptocurrency while the United States has erred by engaging in regulation via enforcement while responding after the horse has bolted in relation to a string of crypto company collapses. That’s according to Robert De Guzman, Head of Legal Compliance at Philippines-based cryptocurrency exchange Coins.ph.

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In an opinion piece published in Forkcast News on Tuesday, De Guzman lays out his view as to what’s required in terms of regulation, while drawing comparisons between the application of regulation relative to crypto in both jurisdictions.

 

The need for “sensible” regulation

De Guzman believes that the crypto industry’s recent failures are a wake-up call for the whole sector. Losses of billions of dollars affected Celsius Network, BlockFi, Voyager Digital, Genesis, and FTX, and led to Silvergate, Silicon Valley Bank (SVB), and Signature banks’ collapse in a week. To maintain consumers’ trust, he believes that sensible regulation is necessary for the crypto exchanges dealing with digital assets.

The legal compliance expert cites the FTX collapse. FTX’s Sam Bankman-Fried’s empire was among the largest collapses. FTX pretended to support regulation, but its true nature was an offshore exchange for global clients. Nonetheless, some businesses act on their regulation support by acquiring licenses and complying with central bank audits in the countries of operation.

 

State-level and industry-level regulation

The crypto industry being open to self regulation is one element of the solution, he says. Regulators must proactively protect their consumers from scams and business failures, not just clean up the mess after millions of people have been harmed.

 

Regulatory failures

De Guzman points the finger at reactionary regulatory action. Regulators filed charges against crypto industry founders after their collapse. Previously, they missed the problems of the largest companies. FTX, based in the Bahamas, was mismanaged, and American regulators only responded after customer issues. Regulations by enforcement, preferred in several countries, wait for failure to happen before taking action. Over-regulation through enforcement pushes platforms offshore, where Wild West-type environments thrive, with clear consequences.

Regulators in some countries focus on surface-level questions, like which tokens should be considered securities, while others, like in the Philippines, prioritize execution-level details to protect consumers. Anti-money laundering measures and custody are core issues, with the G-7’s Financial Action Task Force’s Travel Rule likely to be more strictly applied. Active regulation and audits are needed to ensure financial platforms act responsibly with customer deposits. Basic rules need to be put in place through a licensing regime, followed by regulation of market practices like commingling of assets, self-dealing, and trading against customers.

 

The Philippines sensible approach to regulation

The Coins.ph legal guru holds out his home country as exemplary in terms of its approach to regulation. The Philippines’ regulatory regime requires a virtual asset service provider (VASP) license to operate a crypto exchange, as well as additional licenses for other services. The country’s central bank, BSP, directly regulates all crypto exchanges and expands its crypto regulations to adapt to market needs. KYC processes in the Philippines require recognition of valid ID documents from across 82 provinces.

Additionally, the BSP expects the industry to cooperate in quarterly audits where they share balance sheet information and disclose digital assets in hot and cold wallets. Regulators in the Philippines are proactive and knowledgeable about the crypto space, which sets a sensible framework based on customer protection.

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Web3 & Enterprise·

Oct 31, 2023

Zodia Custody Expands to Hong Kong to Meet Asian Institutional Demand

Zodia Custody Expands to Hong Kong to Meet Asian Institutional DemandZodia Custody, the crypto arm of British banking conglomerate Standard Chartered, is extending its digital asset custody services to financial institutions in Hong Kong, making further in-roads in terms of the company’s Asia-Pacific expansion.News of the expanded offering came via a CNBC report published on Sunday. Launched in 2020, Zodia Custody was founded to address the growing institutional demand for secure crypto asset storage, making Hong Kong a strategic addition to its service areas alongside its recent foray into the Australian market.Photo by Emily Xie on UnsplashAsia-Pacific expansionCurrently, only two companies, OSL Digital and HashKey, have obtained licenses from the Securities and Futures Commission (SFC) to operate within Hong Kong’s regulated crypto space. In its initial phase of operations in Hong Kong, Zodia Custody intends to offer a limited range of crypto assets to its institutional clients, aligning with its commitment to prudent expansion.Zodia Custody’s expansion into Hong Kong follows a series of moves into other key Asia-Pacific (APAC) markets, including Japan, Singapore, and Australia. Moreover, the company remains open to potential partnerships and clientele from regions beyond its current operational footprint.Earlier this month, Zodia Custody made headlines in Australia with the introduction of SAF3, a digital asset custody platform tailored specifically for institutional clients. SAF3 boasts bank-grade cold wallet storage accessible in real-time, complemented by advanced risk management and fraud detection capabilities. Julian Sawyer, the CEO of Zodia Custody, emphasized the importance of responsible institutional adoption, a significant step as Australia’s digital asset industry continues to mature.Institutional demand in Hong KongIn response to the surging institutional interest in crypto assets, Zodia Custody is capitalizing on this market trend, recognizing that Hong Kong’s demand for crypto services is predominantly institutionally driven. Sawyer underlined the unique character of the Hong Kong crypto market compared to other regions, where retail consumers often dominate trading activities. The confluence of institutional demand and Zodia’s specialized services positions Hong Kong as an ideal market for the company’s expansion.Notably, Hong Kong has demonstrated a more crypto-friendly stance compared to its neighboring China, which has taken a stricter approach with crypto bans. Earlier this year, Hong Kong’s SFC introduced a regulatory framework that allows companies to register and provide regulated crypto services. In light of these developments, Zodia Custody is in talks with both the SFC and the Hong Kong Monetary Authority to secure regulatory approval within the financial district.Julian Sawyer articulated this opportunity, stating:“The Hong Kong government and the regulators see digital assets as the future and also want Hong Kong to be a hub.” These discussions are poised to pave the way for Zodia Custody to operate within a well-regulated environment.Standard Chartered has been making in-roads into the Asian market, largely through its Singaporean subsidiary SC Ventures. Zodia Custody launched in Dubai in June and in Singapore last month.However, it is not just progressing solely in the Asia-Pacific region. Recently, Zodia Markets, another Standard Chartered subsidiary, achieved registration as a Virtual Asset Service Provider (VASP) with the Central Bank of Ireland. In September, Zodia Markets also made significant strides in the Middle East and Africa by securing In-Principle Approval from the Abu Dhabi Global Market.

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Web3 & Enterprise·

Jun 29, 2023

Asian Firms Feature in Ledger’s Institutional Trading Offering

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Web3 & Enterprise·

Jul 08, 2023

Sega Curbs Interest in ‘Boring’ Blockchain Gaming

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