Korean tax agency’s move hints at approving corporate crypto accounts

Police Crack Down on JPEX Continues with Millions RecoveredHong Kong authorities are intensifying their efforts to deliver justice to victims of the JPEX cryptocurrency exchange fraud, a scandal that has left thousands of investors in distress.According to recent reports in the South China Morning Post (SCMP) on Wednesday and Friday, more arrests have been made, with the recovery of more assets. The pursuit of those responsible for orchestrating this massive scam is in full swing.Photo by RJ Joquico on UnsplashLargest digital asset fraud in Hong Kong historyThe Dubai-headquartered JPEX crypto exchange, an unauthorized platform, stands accused of defrauding more than 2,400 individuals of nearly $200 million, marking it as the largest digital asset fraud case in Hong Kong’s history. During a recent press conference, the Secretary for Security of Hong Kong, Chris Tang Ping-keung, expressed his commitment to ensuring justice prevails for the victims.Tang revealed that among the assets seized by the police were more than HK$8 million ($1 million) in cash and assets valued at HK$77 million ($9.8 million), including real estate and digital currency. These significant seizures mark a pivotal step in the ongoing investigation. Furthermore, the police have apprehended 12 individuals connected to the JPEX scheme, including three employees of JPEX Technical Support Company and two YouTubers.The first signs of trouble emerged when JPEX users faced difficulties in withdrawing their funds on September 15. In response to mounting complaints and regulatory warnings, JPEX infamously raised its withdrawal fees to 999 Tether in a desperate attempt to discourage users from withdrawing funds. This maneuver raised suspicion and intensified the scrutiny on the exchange.Ongoing investigationLocal authorities in Hong Kong have been inundated with 2,369 complaints from victims who lost their investments in the unregulated exchange. The estimated total monetary loss is HK$1.4 billion ($178 million). While the police continue towards bringing those responsible to justice, they are also collaborating closely with regulators to implement measures aimed at preventing the emergence of such fraudulent schemes in the future.Recent developments have seen the net tighten around the individuals connected to JPEX. Additional arrests have been made in Hong Kong and Macao. Hong Kong police apprehended two individuals who were caught attempting to destroy documents with paper shredders and bleach. In addition, they seized almost HK$9 million ($1.15 million) in cash and gold from three apartments.Meanwhile, Macao authorities apprehended two more individuals and confiscated over HK$14 million ($1.8 million) in cash and valuables. The suspects had made multiple visits to Macau this month, which may be linked to their illicit activities.Hong Kong’s Securities and Futures Commission (SFC) had issued a prior warning, stating that JPEX operated without the necessary licenses and had maliciously frozen users’ funds. Last week, the SFC took a step further, blocking access to web and mobile versions of the platform with JPEX responding by encouraging users to sidestep the measure through the use of VPN.

MaskEX Gets Initial Regulatory Approval in UAEThe online cryptocurrency trading platform and wallet provider, MaskEX has been given initial regulatory approval by a regulator in the United Arab Emirates (UAE).Photo by Carlos Alberto Gómez Iñiguez on UnsplashThe trading platform received outline approval from the Virtual Assets Regulatory Authority (VARA) in Dubai, where the company is headquartered. While the business has been around since 2021, this first compliance step is significant as it seeks to build and extend its footprint within the UAE and the broader Middle East and North Africa (MENA) region.Regulatory significanceTo say that regulation has lagged the development of crypto assets on a global basis is an understatement. However, the high profile and spectacular crypto business failures in 2022 have really captured the attention of regulators and lawmakers. Many point to inadequate regulation as a key cause of those failures. With that, most regulators recognize that it won’t be acceptable to the broader public to have such a loss impact on ordinary investors in a rerun of the collapses of 2022.VARA has been one of the most proactive regulators in that respect. The Authority has developed a regulatory framework, culminating in its current licensing regimen for crypto businesses. It wouldn’t have been feasible for MaskEX to trade without obtaining regulatory approval.Regulatory actionIn February, VARA issued Open Exchange (OPNX), a platform that specializes in the trading of crypto bankruptcy claims, with a cease and desist order, relative to the establishment of that business in Dubai. Last month, the Regulatory Authority issued an investor alert related to OPNX, warning the investing public that OPNX was not regulated by them and that investing in or using the platform was risky.That culminated with VARA sending OPNXs founders and CEO a formal warning letter. With that sort of action playing out, it’s no surprise that MaskEX has tried to go the compliant route, acquiring that initial approval.The firm is not alone in taking that approach. On May 1, BitOasis, another crypto trading platform headquartered in Dubai, became the first entity to be awarded a broker-dealer license.This milestone event for MaskEX means that it can now complete entity formation, expand its team, secure banking services and generally, open for business. In its application MaskEX requested permission to engage in the activity of acting as an exchange, offer borrowing and lending services, as well as to act as a broker and crypto asset manager.Crypto market to be driven by ME and Central AsiaOn social media on Thursday, MaskEXs VP and Chief Strategy Officer (CSO) Ben Caselin, said that the initial approval forms part of the firm’s application for a Full Market Product (FMP) license. Caselin used the opportunity to post a video offering a sneak peek at the firm’s new Dubai offices. “MaskEX will be the first crypto exchange to publicly disclose their headquarters and even allow the general public to visit,” he said.Speaking at Finoverse Arabia this week, Caselin also said that “the next crypto bull market is once again going to be driven by Asia, and the unsurprising surprise will come from the Middle East and Central Asia.” That’s a prediction that’s being floated by quite a number of industry commentators, and with the US shooting itself in the foot in its approach to digital assets, it sounds like a reasonable prediction.

NFTs not subject to South Korea’s Virtual Asset User Protection ActIn anticipation of the Virtual Asset User Protection Act coming into effect in July of next year, the South Korean Financial Services Commission (FSC) has issued an advance notice regarding its subordinate statutes.Photo by Ethan Brooke on UnsplashSeven specific provisionsThe subsidiary regulations under the Act detail seven specific provisions aligned with the Act’s objectives. Firstly, assets categorized as electronic securities, mobile vouchers, deposit tokens backed by the Bank of Korea’s central bank digital currencies (CBDCs) and non-fungible tokens (NFTs) will not be classified as virtual assets and hence, not regulated by this Act. However, in instances where NFTs are used as a means of payment for specific goods or services, they will be regarded as virtual assets.Secondly, banks will take responsibility for managing the deposits of users on cryptocurrency exchanges. This aligns with the Act’s requirement for virtual asset service providers (VASPs) to keep users’ funds separate from their own, either by depositing them in, or entrusting them to, reputable institutions. Under these regulations, banks are required to manage users’ assets in a manner consistent with how investors’ deposits are handled under the Capital Markets Act. This means that banks are allowed to invest VASP users’ assets only in secure instruments, such as state and local government bonds, and are also obligated to pay fees to deposit owners, taking into account the yields of these investments.80% of user assets in cold walletsThe third key aspect of the regulations is that VASPs are required to store a minimum of 80% of user assets in cold wallets, which are not connected to the internet. This is higher than the current requirement of 70%, enhancing the security measures for users of virtual assets. To calculate the total value of a virtual asset at any given time, its total supply is multiplied by its average daily price over the past year. VASPs are obligated to assess the value of virtual assets every month.The fourth regulation mandates that VASPs must enroll in an insurance plan, contribute to a rainy day fund or accumulate reserves. This is to ensure they can fulfill their compensation responsibilities in the event of incidents like security breaches or technical failures. The required preparation amount is set at a minimum of 5% of the user assets stored in hot wallets, as these are more susceptible to risks. VASPs are required to update their compensation thresholds or reserves monthly and must take any necessary actions to comply with these requirements by the next working day following the update.Information disclosure guidelinesAnother regulation addresses the issue of insider trading in the context of the virtual asset market. Under the current Capital Markets Act, information is considered disclosed when it’s made available through disclosure systems of the FSC or the Korea Exchange (KRX). However, since the cryptocurrency market lacks a similar system, the new statute provides criteria for determining when information is deemed disclosed.For instance, if a VASP, including exchanges, releases crucial information about a virtual asset on an exchange and six hours pass, that information is regarded as disclosed. This acknowledges the non-stop nature of the crypto market. Moreover, information disclosed post 6 p.m. is treated as officially disclosed after 9 a.m. the next day.Additionally, if a virtual asset issuer publishes significant information about its token on a website hosting its white paper, the information is deemed public after one day. This is conditional upon the website being publicly accessible and having consistently provided important token information for the preceding six months.These rules aim to provide clarity and fairness in information disclosure in the crypto market, adapting the principles of traditional financial markets to the unique dynamics of virtual assets.No arbitrary suspension of transactionsThe sixth regulation restricts VASPs from arbitrarily halting deposits and withdrawals of virtual assets unless there are justifiable reasons for such actions. Acceptable circumstances for suspending these transactions include situations where the VASP experiences a technical disruption in its system, where regulatory authorities instruct a VASP to cease deposits and withdrawals or where cyberattacks or similar incidents have occurred or are clearly imminent.Lastly, virtual asset exchanges are required to monitor for abnormal transactions continuously. These are transactions that show substantial shifts in the prices or trading volumes of virtual assets, particularly in response to news or rumors that could influence cryptocurrency prices. If VASPs suspect unfair trading practices, they must report to the FSC or the Financial Supervisory Service (FSS). When there is ample evidence of such activities, crypto exchanges are obligated to notify the police or the prosecutors’ office. In addition, the financial regulator has the authority to levy fines based on the prosecution’s decisions or after completing consultations with the prosecution if a year has passed since the day of the report.During the period of advance notice, which spans from Nov. 11 to Jan. 22, the FSC will seek comments from relevant organizations, experts and businesses. This process is aimed at refining the rules and regulations subordinate to the Virtual Asset User Protection Act. Moving forward, the financial authorities plan to publish a set of guidelines and Q&A materials and conduct explanatory sessions, with the goal of ensuring a smooth implementation of the Act.