India’s judiciary turns down plea to formulate a crypto regulatory framework

The Monetary Authority of Singapore (MAS), the city-state’s central bank and primary financial regulator, has set a deadline of June 30 for unlicensed digital token service providers (DTSPs) working out of Singapore to cease offering their services to clients in overseas markets.Photo by Hu Chen on UnsplashResponding to feedbackThe deadline emerged by way of a process MAS has followed as part of the Financial Services and Markets Act 2022 (FSM Act). Last October, the regulator invited feedback from stakeholders related to the authority’s approach to the regulation of DTSPs. MAS published its response to that feedback on May 30.  It stated:”DTSPs which are subject to a licensing requirement under section 137 of the FSM Act must suspend or cease carrying on a business of providing DT services outside Singapore by 30 June 2025.” It added that it was not including any transitional arrangement for DTSPs despite MAS receiving such a suggestion from a number of feedback respondents. Instead, unlicensed DTSPs will need to abide by the June 30 deadline and have acquired a license by then or cease unlicensed activity.The regulator defines DTSPs as individuals, partnerships or Singapore corporations operating from a place of business in Singapore, including those formed or incorporated in Singapore who offer digital token services outside Singapore. Those found in breach of the regulation could face up to three years in prison and fines of up to S$250,000 ($195,000). Companies who have already obtained licensing or those exempted by way of the Securities and Futures Act, Payment Services Act and the Financial Advisers Act are free to continue trading. Challenging licensing requirementsThose who wish to become compliant will have to satisfy some challenging requirements. For those granted a license, an annual license fee of S$10,000 ($7,780) applies. Small-scale DTSPs need to satisfy a $150,000 ($116,670) ongoing capital requirement, while larger, well-established DTSPs must comply with a S$250,000 ($195,000) capital requirement. Additionally, MAS has put in place competency requirements related to a DTSP's CEO, directors, partners and managers. Hagen Rooke, a partner at law firm Gibson, Dunn & Crutcher, outlined on LinkedIn that while it's possible for unlicensed operators to obtain licensing, it will be very difficult to get a license. In its feedback response document, the regulator stated: “MAS will approach the licensing of DTSPs in a prudent and cautious manner and there will be extremely limited circumstances under which MAS will consider granting an applicant a licence under section 138 of the FSM Act.” Rooke advised crypto companies that may be affected to act swiftly in order to derisk through an operational restructuring or removing the businesses' Singapore touchpoints. He suggested that firms need to consider if it has customers outside of Singapore or front-office functions located outside of the city-state to determine if they could be affected by this regulatory measure. A number of Asian countries have moved to take action against unlicensed foreign firms that have engaged with local investors, with Thailand becoming the latest country to do so recently. However, the Singaporean authorities have approached the issue from the opposite perspective, citing the potential reputational risk that unlicensed DTSPs pose for Singapore.

Gemini Opening Engineering Center in IndiaUS-based crypto exchange Gemini announced on Thursday that it is in the midst of opening an engineering center in India. The company plans to open the center in Gurgaon, making it Gemini’s second largest engineering hub behind its existing base in the United States. Gemini also has offices in the United Kingdom, Singapore and Ireland.©Pexels/Studio Art SmileDeveloping next-gen user experiencesThe objective of the India-based engineering, design and operations team will be to work on the development of core platform fundamentals relative to compliance, security, payments, and data pipelines and warehousing. Furthermore, the unit is being set the goal of building new feature sets relative to the company’s NFT and digital asset marketplaces. What that team develops is intended to be used within Gemini’s overall retail and institutional product and service offering across in excess of seventy countries worldwide.In the statement published to its website, Pravit Tiwana, Gemini’s Global Chief Technology Officer (CTO) and Asia-Pacific (APAC) region Chief Executive Officer (CEO) stated that the firm is actively recruiting software engineers and technical product managers and for other technical roles to staff the Gurgaon facility. Tiwana emphasizes a need for people who are “inspired to learn quickly” relative to DeFi, Web3, NFTs and DAOs.Singapore expansionTiwana himself has been newly appointed to his role and in a separate announcement Gemini founders Tyler and Cameron Winklevoss welcomed Tiwana on-board. The statement also reveals that in addition to establishing an engineering team presence in India, it also intends to add a business team in India and to expand its business team at its existing Singapore base with the objective of growing its institutional and retail customer base in the APAC region.The Winklevii twins said that they believe that “crypto and Web3 products will continue to have a [sic] strong growth trajectories in APAC. Crypto knows no boundaries, and that is why Gemini is a global company.”Expanding beyond the USIt’s patently obvious to anyone following developments in the crypto space over the course of recent months that the Biden administration in the United States is currently hostile to crypto. The Washington, D.C. government has used various mechanisms of state including the Federal Reserve, the Securities and Exchange Commission (SEC), the Department of Justice and the Department of the Treasury to instigate a purge against crypto companies, including those who bank crypto companies. That has seen key operators in the US crypto ecosystem looking beyond US borders right now.Earlier this week, Coinbase CEO Brian Armstrong signaled that the company would act and move overseas if the regulatory environment in the United States didn’t improve. Subsequently, it emerged that Coinbase had established a presence in Bermuda. It’s being speculated that this entity could be used to float an offshore exchange. Similarly, the company is understood to be seeking a crypto license in Abu Dhabi.Gemini looking to develop overseas is likely to be motivated by similar concerns. Crypto companies can see that jurisdictional arbitrage applies and if governments act to stymie such business activity, other global centers such as Singapore, Hong Kong, Abu Dhabi, India and others will seize the opportunity and nurture that business and the innovation at hand.

Coinone Hires Former FSS Official as Head AuditorKorean crypto exchange Coinone has established an audit department and recruited a former director general of the Financial Supervisory Service (FSS) as head auditor, according to local news outlet Moneytoday. This comes in an effort to establish a permanent internal control system and enhance communication with financial authorities.Photo by Hunters Race on UnsplashBringing in a seasoned expertAccording to industry sources on Wednesday, Coinone recently signed an audit contract with the official, who is now the highest-ranking auditor to be hired by a crypto exchange. It was reported that they had retired from the FSS just last week.The new auditor has an extensive career in financial regulation, starting as an investigator at the Bank of Korea’s Legal Affairs Office, and then holding multiple leadership positions at various departments in the FSS, such as the Bank Supervision Department and the Financial Consumer Protection Department. More recently from 2020 to 2021, they served as the Director of the General Affairs Department. During their comprehensive 30-year tenure at both establishments, they gained expertise in the supervision of financial enterprises.Coinone’s dedication to regulatory complianceThey are expected to start their duties at Coinone soon, shortly after the end of the recent Chuseok holiday. The decision to hire them was strongly influenced by its commitment to auditory regulation, the exchange said, emphasizing the need for internal control and preemptive risk management during the complex process of establishing itself as a formal business.Considering the continued tightening of regulations on cryptocurrencies in Korea, such as the enactment of the Virtual Asset User Protection Act and the introduction of guidelines for accounting and reporting on trading cryptocurrencies, Coinone also said that it is determined to actively engage with financial authorities through the new auditor.“This move reflects the intention to build practical expertise in audit services with FSS personnel who have professional knowledge in the area,” an industry insider commented.