Korean Financial Regulator to Inspect Non-Fiat Crypto Trading Platform

Singapore Looks to Prohibit Crypto Lending and StakingIn a move to bolster investor protection and maintain financial stability, the Monetary Authority of Singapore (MAS) is introducing new guidelines for cryptocurrency platforms operating in the country.Details of the measures were published by MAS on Monday. According to its statement, the measures “will mitigate the risk of loss or misuse of customers’ assets, and facilitate the recovery of customers’ assets in the event of a DPT [Digital Payment Token] service provider’s insolvency.”The proposed guidelines outline several key measures. One such measure is the daily reconciliation of customer assets, which will help prevent discrepancies and safeguard against potential losses.Photo by Hu Chen on UnsplashHolding assets in trustAdditionally, the custody function, responsible for holding and safeguarding client assets, will be operationally separated from other business divisions to minimize the risk of mismanagement or unauthorized use. By the end of this year, it’s understood that crypto platforms will be required to store client assets in trust accounts, ensuring enhanced security and accountability.DisclosuresFurthermore, licensed cryptocurrency service providers will be mandated to provide explicit disclosures to customers, clearly outlining the risks associated with holding and trading digital payment tokens (DPTs). Recognizing the speculative nature of digital token trading, the MAS acknowledges that regulations alone cannot fully protect consumers from potential losses.To further protect retail investors, the MAS intends to prohibit cryptocurrency service providers from facilitating lending or staking activities. Lending and staking, where digital tokens are loaned or pledged to earn profits, are considered unsuitable for the general public due to their complex and high-risk nature.These measures come as part of Singapore’s efforts to strengthen its regulatory environment for digital assets. The consultation process began last year, following the collapse of FTX, a cryptocurrency exchange.Singaporeans suffered disproportionately with the collapse of FTX as previously, MAS had banned global crypto exchange Binance from operating within the city-state. That led to Singapore having more FTX customers than many other world regions. To compound matters, state-owned global investment firm Temasek, was an investor in the fraudulent crypto exchange.MAS had called for feedback and proposals, with a focus on enhancing investor safeguards and promoting responsible trading practices. While the regulations aim to provide a safer environment for investors, the MAS also emphasizes the importance of individuals exercising caution when engaging in digital token trading.Contrasting approachesWhile Singapore is taking steps to tighten regulations, other cities like Hong Kong are adopting a more inclusive approach to the crypto industry. Hong Kong Legislative Council member Johnny Ng has voiced support for the local crypto business and has encouraged prominent exchanges like Coinbase to establish operations in the territory, aiming to foster greater engagement and growth within the sector.As the crypto industry continues to evolve, regulatory frameworks play a crucial role in ensuring investor protection and maintaining market integrity. Singapore’s proactive approach to strengthening its regulatory environment reflects its commitment to striking a balance between fostering innovation and safeguarding the interests of investors.

Korea’s Virtual Asset User Protection Act to Take Effect in July Next YearThe Virtual Asset User Protection Bill was passed during the South Korean National Assembly’s plenary session last Friday, according to a report by news agency Newsis. The legislation aims to safeguard customer assets, establish regulations against unfair trading practices, and enforce penalties. The act is scheduled to take effect one year after its passage.Photo by KS KYUNG on UnsplashDefinition of virtual assetsUnder the act, a virtual asset is defined as a digital representation of economic value that can be digitally traded or transferred. It’s important to note that central bank digital currencies (CBDCs) are not considered virtual assets. Virtual assets with characteristics of securities will initially fall under the jurisdiction of the Capital Market Act.Roles of Korea’s central bankThe act grants the Bank of Korea (BOK) the authority to request data and information from virtual asset service providers (VASPs). This provision is deemed necessary for the Korean central bank to formulate monetary and financial policies, despite virtual assets not being equivalent to traditional currencies.Responsibilities of VASPsMoreover, VASPs are obligated to segregate users’ virtual assets from their own holdings. VASPs are also required to reserve the same type and quantity of virtual assets entrusted by users and maintain a certain proportion of these assets in a cold wallet, which is an offline storage solution.Unfair trading practices will be regulated in a similar manner as outlined in the Capital Market Act. The act specifically prohibits the use of undisclosed information, price manipulation, fraudulent transactions, and trading of self-issued virtual assets. VASPs are barred from suspending deposits and withdrawals without legitimate reasons. They are also mandated to monitor suspicious transactions and take appropriate measures to safeguard users. Any suspected unfair trading practices must be promptly reported to financial authorities. Violators of these rules may face criminal penalties, liability for damages, and potential class action lawsuits.Powers of financial authoritiesThe act also clarifies the powers of financial authorities in supervising, inspecting, and taking action against virtual asset operators. Unfair trade practices can result in imprisonment for more than one year (up to 10 years for violations related to self-issued virtual assets) or fines ranging from three to five times the illicit gains. Assets acquired through unfair trade practices will be confiscated, or an equivalent value will be charged if confiscation is not feasible.Impact on crypto investigationsThe absence of legislation directly addressing unfair trading practices in the virtual asset market has posed challenges for prosecutors. They had to rely on existing statutes related to fraud, the capital market, and financial investments. Once the new act takes effect, prosecutors will no longer need to determine whether a virtual asset qualifies as a security or not.Regarding this development, a prosecutor told local legal news outlet Law Times that the implementation of the new act will escalate prosecutorial investigations into cryptocurrency incidents.Meanwhile, the individuals behind the crash of Terraform Labs’ stablecoin TerraUSD and its sister coin Luna will not be subject to this act due to the legal principle of nulla poena sine lege, which prevents the retrospective enforcement of criminal laws. Do Kwon, co-founder of Terraform Labs, was recently sentenced to four months in prison by a Montenegrin court for passport forgery after being arrested in March. The other co-founder, Daniel Shin, has been indicted by prosecutors in Korea.

Legislation geared towards regulating stablecoins has reached the Legislative Council stage in the Chinese autonomous territory of Hong Kong.  The bill, which extends to a 285 page document, has been formulated following “extensive consultations” with industry stakeholders, according to Eddie Yue, CEO of the Hong Kong Monetary Authority (HKMA).  This latest development moves the Chinese autonomous territory one step closer to having a comprehensive regulatory framework in place for stablecoins. The bill’s arrival at the Legislative Council follows its publication on Dec. 6 in Hong Kong’s Gazette. Subsequently, on Dec. 18, it made its preliminary entry at the Legislative Council by way of a first reading. The legislation will deem a digital asset a stablecoin if it is operated on a distributed ledger, is expressed as a unit of account and maintains an equivalent value relative to another asset that it references. Digital assets issued by governments or central banks will be excluded from that stablecoin definition.Photo by Laurentiu Morariu on UnsplashThree readings requiredBefore the bill can be enacted into law, it is required to go through a series of three readings. Allied to that process is a requirement for a series of debates, with the bill coming under the scrutiny of lawmakers. Depending upon the issues raised, this process may also require the introduction of amendments to the proposed legislation. If passed following the third reading, it will then be forwarded to the autonomous territory’s chief executive, John Lee Ka-chiu, to be signed into law. Once signed into law, stablecoin issuers in Hong Kong will then be required to obtain a license from the city's central bank, HKMA. That licensing process would implicate the HKMA scrutinizing the applicant with an emphasis on the evaluation of the issuer, its resources, the use of reserve assets and the means through which the stablecoin’s value will be rendered stable. Stablecoin optimismThis latest milestone has provoked a cause for optimism among some commentators. Sean Lee, co-founder of Hong Kong-based Web3 firm IDA, told the South China Morning Post (SCMP) that “the applications of stablecoin will be numerous.” Lee outlined that stablecoins can be used for payments, settlements, payrolls and financing, while adding that “new products will spring up, and transactions will be faster, instant, 24/7 – and at a lower cost.” Dominic Maffei, Standard Chartered’s head of digital asset and fintech for Hong Kong, is similarly encouraged. Maffei stated: “As of today, we think that stablecoins are the best available tool for connecting traditional finance and Web3 markets and have proven use cases and business models to support that belief.” Once enacted, the bill is likely to have a significant impact on the stablecoin market in Hong Kong. In Europe, the application of the Markets in Crypto Assets (MiCA) regulation is having such an impact. It has led to a growth in Euro-denominated stablecoin trading while leading U.S. dollar stablecoin Tether (USDT) is being delisted by many platforms due to its non-compliance with these regulations.