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Newly Published CoinGecko Index Tracks Alleged Crypto Securities

Web3 & Enterprise·August 08, 2023, 3:08 AM

Kuala Lumpur-based crypto data aggregator CoinGecko has unveiled a ground-breaking index spotlighting prominent cryptocurrency tokens that the US Securities and Exchange Commission (SEC) has earmarked as potential securities.

Through its “Top Alleged Securities Coins by Market Cap” page, the Malaysian aggregator categorizes a spectrum of cryptocurrency assets based on their market capitalization. At the forefront of this classification stands BNB, the native token of the Binance exchange and the BNB blockchain. It is closely followed by other prominent names such as Cardano, Solana, and Tron.

Photo by Shubham Dhage on Unsplash

 

$90 billion in value

The alleged securities amount to a whopping $90 billion in value according to their combined market capitalization right now. Putting this in context, the overall market capitalization of the entire crypto market currently stands at $1.2 trillion, of which Bitcoin accounts for over half a trillion dollars. This estimation paints a vivid picture of the immense scale of the cryptocurrency market and the potential reverberations of regulatory interventions.

CoinGecko’s index came to fruition in the first week of August, meticulously pooling the tokens that the SEC has previously classified as securities during legal proceedings. The decision to consolidate these tokens into a single index underscores the increasingly intricate interplay between the cryptocurrency market and regulatory frameworks.

 

Lack of clarity

When project teams and other market participants have asked for explicit clarity, SEC Chair Gary Gensler has frustratingly indicated that people need to make a simple determination based on the Howey Test — a historic securities case that has been used in the US to determine what constitutes a security. The case dates back to 1946, long before the onset of digitization let alone digital currencies.

Another issue is that the SEC is simply expressing an opinion based on its interpretation of existing securities law and securities case law. Without legislation in the US, clarity can only be provided in the courts. This is a flawed approach, as market participants have to wait for actions taken by the SEC against crypto entities to be adjudicated in the US courts in order to get a better understanding of the legal standing of these assets.

This comprehensive analysis provided by CoinGecko’s new index presents invaluable insights into the dynamic terrain of cryptocurrency regulation. It underscores the intricate dynamics between the digital currency market and the regulatory bodies that seek to govern it.

Taking the regulation of derivatives as a case in point, their emergence led to a very messy process of arriving at regulatory clarity. The very same thing is playing out with digital assets. While it is imperfect, there is no doubt that clarity will eventually be reached.

In the meantime, as the US fumbles where digital assets are concerned, regional authorities in East Asia and the Middle East are capitalizing on US regulatory shortcomings, implying that we will likely see further growth in crypto and Web3 in these locations until the US recovers.

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Web3 & Enterprise·

Feb 20, 2025

Standard Chartered joins with local partners in Hong Kong to launch stablecoin

Standard Chartered Bank Hong Kong, a licensed bank and subsidiary of British multinational banking group Standard Chartered, has partnered with local companies to launch a Hong Kong dollar-based stablecoin in the Chinese autonomous territory.Photo by Chapman Chow on UnsplashJoint venture formed In a press release published by Animoca Brands, a blockchain-based gaming and Web3 venture capital firm based in Hong Kong, the company outlined details of the partnership between it and Standard Chartered, alongside Hong Kong Telecom (HKT), Hong Kong’s dominant fixed-line, mobile and broadband telecommunications firm. The partnership has been structured as a joint venture between the three companies, with the objective of launching the Hong Kong dollar-backed stablecoin. Local regulator and central bank, the Hong Kong Monetary Authority (HKMA) has been working towards implementing a regulatory framework specifically dedicated to stablecoins.  Legislative framework incoming As of the end of 2024, proposed legislation that would enable such a framework had advanced to Hong Kong’s Legislative Council. Before the bill can be enacted into law, the legislative process requires three readings of the bill accompanied by a series of debates and the scrutiny of lawmakers.  Once the legislation has been signed into law, it will require stablecoin issuers to obtain a license from the HKMA. In the case of this particular joint venture, the promoters plan to apply for a license in due course. Standard Chartered is already deeply embedded in Hong Kong’s financial system, making this latest development all the more significant. Alongside HSBC and Bank of China (Hong Kong), Standard Chartered issues the local currency, the Hong Kong dollar. That activity is carried out under the oversight of the HKMA.  The HKMA launched a sandbox environment relative to stablecoins in order to provoke an exchange of views between the regulator and market participants. The three parties to this latest joint venture have been sandbox participants since July of last year, alongside JINGDONG Coinlink Technology and RD InnoTech. JINGDONG declared its intention to launch a Hong Kong dollar-backed stablecoin last year. RD InnoTech plans to launch the HKDR stablecoin in conjunction with HashKey Exchange. Stablecoins ‘starting to eat the world’Earlier this month, Rene Michau, Standard Chartered’s global head of digital assets, set out the bank’s thoughts on stablecoins in an article published on the company’s website and co-authored by Circle Chief Financial Officer (CFO) Jeremy Fox-Green. Within it, Standard Chartered recognized the potential of stablecoins, suggesting that they are key to unlocking a future where blockchain acts as a new “internet of money.” The article went on to state that it is critical for stablecoin issuers “to maintain deep connections with strong banks and for those banks to be building digital asset capability.” The company recognizes that stablecoins are “starting to eat the world,” referring to a global stablecoin circulation that has already surpassed $100 billion.  Evan Auyang, President of Animoca Brands, pointed out that “we are still in the early stages for mass adoption of stablecoins across retail, enterprises and institutions.” He added that Hong Kong has a bright future as a global Web3 hub. Susanna Hui, Managing Director at HKT, believes that “issuing an HKD-linked stablecoin will enhance payment efficiency, streamline transactions, and provide greater security and transparency through advanced Web3 innovations.”

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Policy & Regulation·

Oct 26, 2023

The Legal Future of South Korea’s Crypto Industry: Necessary Legislation and Systems

The Legal Future of South Korea’s Crypto Industry: Necessary Legislation and SystemsA recent National Assembly symposium organized by South Korea’s Digital Asset Policy Forum brought experts together to discuss the challenges and prospects of the implementation of the Virtual Asset User Protection Act at the National Assembly Members’ Office Building in Seoul on Tuesday.Photo by Tingey Injury Law Firm on UnsplashInternational modelsReferences were made to global examples, such as the Markets in Crypto-Assets Regulation (MiCA) — the world’s first standalone virtual asset legislation enacted in the EU — which ensures transparency, disclosure, authorization, and supervision of crypto-asset transactions. However, unlike the capital market, MiCA does not impose regular disclosure reporting requirements or corrections on them. Firms in Japan, on the other hand, are asked to provide disclosure under autonomous regulation through the Japan Virtual and Crypto Assets Exchange Association (JVCEA).Notably, in its recent Policy Recommendations for Crypto and Digital Asset Markets Consultation Report, the International Organization of Securities Commissions (IOSCO) states that it is “seeking to encourage optimal consistency in the way crypto-asset markets and securities markets are regulated within individual IOSCO jurisdictions, in accordance with the principle of ‘same activities, same risks, same regulatory outcomes’.” This principle refers to the concept that any crypto-asset activity that has a similar function and poses similar risks to those in the traditional financial system — such as operating a trading platform or providing custody services — is subject to regulation that ensures equivalent outcomes, as defined by the UK Parliament.The IOSCO report also suggests that crypto-asset service providers (CASPs) should disclose information regarding ownership and control of crypto-assets, issuer and business-related information, issuer management teams, transaction history and operational description of crypto-assets, token ownership concentration, transfer protocols, and a given CASP’s treatment of the client crypto-assets and their respective rights and entitlements during events like hard forks and airdrops.Hurdles to overcomeExperts at the forum reflected these considerations in their sentiments. Han Suh-hee, a lawyer at Barun Law Firm, emphasized that it is important to determine what kind of information should be disclosed. She argued that it is necessary to discuss to what extent information about virtual asset issuers should be disclosed and whether mandating firms to disclose their financial and business conditions is efficient.In particular, Han underlined the need to consider the differences between virtual assets and stocks when establishing a framework for the disclosure of virtual assets holdings. Unlike stocks, virtual assets possess distinctive characteristics like their borderless and decentralized nature, unclear issuer backgrounds, and the ability to conduct peer-to-peer (P2P) transactions.Lee Han-jin, a lawyer at Kim & Chang Law Firm, added that the enactment of Korea’s Virtual Asset User Protection Act was aimed at establishing a system directly targeted at regulating virtual assets and virtual asset service operators (VASPs) — a significant development from the Financial Transaction Reporting Act, which had until now been the only legal framework responsible for regulating VASPs along with other entities like casino business operators. Virtual assets are now subject to a more systematized regulatory approach.However, he said that the Virtual Asset User Protection Act still has its setbacks because it is undergoing a two-stage legislative process. Lee criticized the fact that the same definition of VASPs outlined in the Financial Transaction Reporting Act had been brought over, which limits their identity to transaction intermediaries, wallet operators, and custodians while overlooking their other roles like crypto management, crypto deposits, and crypto collective investments.Lee also pointed out another weakness: the scope of prohibition on using undisclosed information and market manipulation is broader in the Virtual Asset User Protection Act than in the Capital Markets Act. He argued that enforcement decrees should stipulate the definition of insiders and exceptional cases when deliberating on the prohibition of insider virtual asset trading.Lee thus emphasized the need for a clear definition of virtual assets in the Virtual Asset User Protection Act, as it is yet unclear whether they are objects or assets. All things considered, he believes there must be a law that can encompass blockchain-based decentralization, outline the similarities and differences between digital assets and financial products, and accommodate new services that utilize smart contracts.“We are in the process of creating a regulatory system similar to those being adopted in other countries based on their respective markets,” said Lee Seok-ran, head of the Financial Innovation Bureau at the Financial Services Commission (FSC). “Unlike the stock market, which is equipped with regulations to prevent fraudulent transactions and misconduct, virtual assets are traded on multiple exchanges, so we are considering how to interpret unfair trading activities and conduct market surveillance.”She explained that the commission is prioritizing user protection measures and subordinate regulations. “I believe we will be able to create a system for subordinate regulations on disclosure once an overall global trajectory is established. But before that happens, we are working on guidelines for defining unfair trading activities with regulators and the Digital Asset eXchange Alliance (DAXA).” Unfair trading activities associated with virtual assets include not only those conducted on exchanges but also under other circumstances.The FSC officer said that the financial authority is set to establish legal criteria to distinguish cases such as false statements in white papers of crypto projects. She added that enforcement decrees will define both the conditions for restricting deposits and withdrawals on crypto exchanges and the corresponding limits.

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Policy & Regulation·

Sep 26, 2025

Kazakhstan pilots tenge-backed stablecoin with Solana and Mastercard

Kazakhstan’s central bank has begun testing a stablecoin tied to the national currency, advancing a broader plan to modernize the country’s financial infrastructure. According to Cointelegraph, the pilot, run inside the National Bank of Kazakhstan’s Digital Assets Regulatory Sandbox, introduces Evo, a token with the ticker KZTE that is built on Solana and backed by the tenge. Intebix, a local crypto exchange, and Eurasian Bank are issuing KZTE. Mastercard is preparing connections that would link the token with major stablecoin issuers worldwide. The central bank is not minting the asset, but it is providing the regulatory framework that allows the token to be created and tested. Intebix founder Talgat Dossanov said the initiative is the first instance of the monetary authority directly engaging in the process of stablecoin issuance.Photo by GuerrillaBuzz on UnsplashBuilding a national crypto ecosystemEarly use cases focus on practical payments and on-ramps. The token is designed to widen the bridge between crypto and fiat, support conversions on exchanges, and enable spending through crypto cards. Officials described the pilot as a building block in a national digital asset ecosystem that aims to nurture new financial tools and deepen the local market. The program aligns with guidance from President Kassym Jomart Tokayev, who in a Sept.  8 address urged faster development of a comprehensive digital asset environment. He called for a new banking law to boost competition, attract new players, strengthen fintech, and ease the circulation of digital assets. Tokayev also cited progress with the digital tenge, already in use to finance projects through the sovereign wealth fund, and proposed creating a state crypto fund under the central bank’s investment arm to launch a strategic reserve of promising tokens. USD stablecoin accepted as regulatory feesRegulatory efforts extend beyond the sandbox. On Sept. 4, the Astana Financial Services Authority (AFSA), the independent regulator of the Astana International Financial Centre (AIFC), launched a pilot that lets companies based at the center pay regulatory fees using stablecoins backed by the U.S. dollar. More than 4,000 firms from over 80 countries are registered at the AIFC, and Bybit was the first to sign a multilateral memorandum of understanding with the regulator. Under the fee pilot, licensed Digital Asset Service Providers may join as Providers and act as agents for payers who choose to settle obligations to the regulator with stablecoins. AFSA chief executive Evgeniya Bogdanova said the initiative is meant to position the financial center as a hub for digital finance and to keep pace with global trends in stablecoin adoption. Together, the sandbox stablecoin, the digital tenge rollout, and the AIFC payments pilot signal a coordinated push to make digital assets a larger part of Kazakhstan’s financial system. Authorities are testing how these tools can operate within clear rules, with an eye to drawing investment and keeping the country connected to fast-moving changes in global finance. 

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