SBI–Zodia venture to shut down amid Japan crypto regulatory hurdles

As the Virtual Asset User Protection Act is set to take effect in July, South Korean virtual asset services providers (VASPs) are preparing themselves for new crypto accounting standards. This development is pushing crypto businesses to take consultation services from accounting firms, local media outlet Yonhap Infomax today reported.  Pronounced last year, the new crypto accounting guideline is scheduled to be applied to VASPs starting this July. Rather than providing clear and explicit standards, the guideline requires crypto businesses to interpret it on their own based on “reasonable grounds.” One accountant in the crypto industry said that individual crypto exchanges are wrapping their heads around the new crypto accounting standards, pondering over numerous issues such as whether to manage customer assets in a single record-keeping system. Photo by Volkan Olmez on UnsplashThe most significant concern among VASPs is that the new standard will highly likely recognize crypto assets entrusted by customers as either assets or liabilities. So far, local crypto exchanges haven’t recognized custodial tokens as assets; instead, they have been including these tokens in the footnotes. Only the money users deposited in Korean won has been acknowledged as “customer deposit liabilities.” Dunamu, the operator of crypto exchange Upbit, stated in the footnotes of its previous quarterly report that virtual assets entrusted by customers do not meet the accounting definition of an asset, leading the exchange to exclude its users’ custodial tokens from the asset category.  Varying interpretation of ‘control over custodial assets’ A lot is at stake depending on how individual crypto exchanges interpret the new guideline. If crypto exchanges are deemed to have control over custodial assets, they must meticulously document the details of the assets in custody on their financial statements, including the total amount of custodial assets and how they are managed under what policies.  These details would serve as decisive factors in determining who bears the liabilities in the event of future incidents.  Crypto businesses’ accounting dilemmaThe Korean financial regulators have explained that the new guideline is not the ultimate golden rule, implying that there could be a leeway for crypto businesses if they have reasonable grounds for not following the new accounting standard. However, regulators said they will conduct thorough examinations on the financial statements following their publishment, to ensure that custodial assets are not left out in the documents. This is where VASPs face a difficult choice between two different options; they can either classify custodial tokens as something other than an asset and undergo thorough examinations, or they can recognize them as an asset and risk being included in the “mutual investment-restricted group.” This is a group consisting of large local firms with over nearly KRW 10 trillion ($7.5 billion) in total assets. The companies listed in the group are subject to strict government regulations.  Previous recognition of Dunamu as ‘big firm’ raises concerns among VASPsThe local regulatory authority previously classified Dunamu as part of the mutual investment-restricted group in 2022.  At the time, Korean won deposits made by Upbit users, categorized under the customer deposit liabilities, were recognized as part of its assets by the Korea Fair Trade Commission (KFTC). The KFTC determined that Dunamu had controlling power over the customers’ deposits. This judgment by the KFTC led the company to fall under the mutual investment-restricted group. Once the new accounting standard takes effect in July, the likelihood is that the exchange’s custodial tokens, currently valued at KRW 20.2 trillion, will also be recognized as assets. Meanwhile, another prominent crypto exchange Bithumb is reported to have KRW 4.5 trillion in total assets.   Another accountant in the crypto industry expressed concerns, saying that VASPs will have to deal with more regulations if incorporated into the mutual investment-restricted group. The person added that recognizing custodial tokens as assets could further heighten the management risks for crypto businesses. 

Ripple Exec: Clear Regs Helped Japanese Market Withstand Crypto WinterEmi Yoshikawa, the Vice President of Strategy & Operations at business-focused crypto solutions provider Ripple, has attributed the Japanese cryptocurrency market’s ability to withstand the recent crypto winter to well-defined regulations.©Pexels/WorldspectrumSecurity breach at Mt.GoxIn a recent interview with Korean blockchain media outlet Digital Asset, Yoshikawa noted that Japan implemented regulations on cryptocurrencies earlier than other countries, in part due to the 2014 security breach at the Tokyo-based Bitcoin exchange Mt.Gox that resulted in investor losses.The Mt.Gox exploit prompted revisions to the Payment Services Act, which now recognizes cryptocurrencies as a means of payment. Furthermore, the Financial Instruments and Exchange Act was revised in 2020 to give security tokens the same status as stocks. The Japanese government is also exploring the possibility of allowing the domestic circulation of foreign stablecoins.Although it took several years for companies to enter the market after the regulatory framework was established, the security token market has since expanded, with more businesses now participating.Yoshikawa credited the Japanese crypto market’s resilience during the recent global crypto winter to clear regulatory guidelines. The recognition of cryptocurrencies as financial instruments enabled the regulation of not only spot trading but also derivatives trading. Japanese exchanges are also required to hold customer funds separately in trust firms, ensuring investor protection. This regulatory environment allowed companies and investors to confidently enter the crypto industry last year.FTX JapanFTX Japan’s return of customer assets and resumption of withdrawals in February showcased the effectiveness of these clear regulatory guidelines. Among subsidiaries of the now-defunct crypto exchange FTX, FTX Japan is the only one to have returned customer assets thus far, Yoshikawa emphasized.While crypto regulations in some areas, such as taxation, remain insufficient, both the Japanese government and entrepreneurs agree that the Web3 industry should develop in a way that benefits the nation’s economy.Ripple’s projects in JapanYoshikawa said that Ripple views the Japanese market as one of its key markets. In 2016, the company formed a joint venture, SBI Ripple Asia, with Japanese financial group SBI Holdings. Through this partnership, Ripple collaborated with several Japanese financial institutions to launch RippleNet and provide liquidity to the payment service.Japan’s largest remittance technology firm, SBI Remit, has adopted RippleNet and Ripple’s own remittance system On-Demand Liquidity (ODL) to facilitate real-time payments between Japan and Southeast Asian nations. Yoshikawa underlined that Ripple is committed to supporting Southeast Asian workers in Japan who need swift and cost-effective international payments.

Beijing-based cryptocurrency mining firm Bitmain has reportedly violated tax regulations in China, with local authorities imposing major fines. According to the reports, Bitmain has failed to pay personal income taxes amounting to $2.4 million, which has led to a penalty of $3.7 million from the Beijing Municipal Office of the State Administration of Taxation. Leading mining equipment manufacturerBitmain Technologies is one of the biggest cryptocurrency mining equipment firms in the world, established in 2013. The company is renowned for its reputation as a manufacturer of crypto mining equipment and solutions. Reports suggest that Bitmain was compelled to end its operations in China in October 2021 as a direct result of the blanket ban on cryptocurrencies that was issued by the Chinese government in September 2021.However, despite these regulatory challenges and the bear market in the cryptocurrency industry in 2022, the company has reportedly continued to achieve success in its business. Bitmain’s latest Antminer product sold out within a minute in December, despite the declining profitability of cryptocurrency mining. On Tuesday, it emerged that North American crypto miner CleanSpark had acquired 45,000 Bitmain Antminers, doubling its mining capacity.The company’s founder, Jihan Wu, established a $250 million fund in September 2022 to help the mining industry during the difficult crypto winter. Following his departure from Bitmain in 2021, Wu established Bitdeer, a new cryptocurrency mining company that served as a spin-off of Bitmain. Crypto crackdownThe fine imposed on Bitmain highlights the continued scrutiny of the crypto industry in China. The country has taken steps to crack down on the crypto market, particularly going after the mining industry. China has banned crypto mining, though it still takes place via underground operations. One major headline in recent weeks related to the fact that a former Chinese Communist Party (CCP) secretary helped a crypto mining operation operate. One China court also ruled that cryptocurrency mining affects the climate negatively.Despite the crackdown, China is making headway with its digital yuan, a central bank digital currency (CBDC). The country continues to run pilots for the CBDC, each more extensive than the last. As China’s digital yuan gains momentum, it has been speculated that the country may use it as a tool to further restrict the use of decentralized cryptocurrencies.Companies operating in China will have to keep a close eye on their operations, especially since the country does not take a favorable stance towards crypto. Hong Kong hubHowever, Hong Kong is opening up to the crypto industry and is attempting to become a crypto hub. The Hong Kong government recently launched a regulatory framework for crypto exchanges, making it easier for crypto businesses to operate within the city. This move has attracted a significant number of crypto firms to relocate to Hong Kong from mainland China.Bitmain’s $3.7 million fine imposed for violating tax regulations in China is a clear sign that the scrutiny of the crypto industry in the country is still prevalent. Despite the challenges and uncertainties, the company has continued to achieve success in its business, and the industry’s regulatory landscape is continuously evolving. Companies in China will have to ensure compliance with all relevant regulations, while also exploring opportunities to operate in crypto-friendly jurisdictions like Hong Kong.