Policy & Regulation·Dec 11, 2025
Japan to bring crypto under securities oversight amid rising demand
Japan is preparing to shift oversight of crypto assets from its payments rulebook to its main securities law, a move that would treat digital tokens more squarely as investment products rather than payment tools, according to a new report from the country’s financial regulator. In a working-group paper on crypto asset regulation released Dec. 10, the Financial Services Agency (FSA) said it plans to bring “crypto assets” under the Financial Instruments and Exchange Act (FIEA) instead of the Payment Services Act (PSA), as reported by local outlet CoinPost. The agency framed the change as an effort to strengthen investor protection as more households buy digital assets for investment purposes.Photo by Alessio Ferretti on UnsplashCrypto distinct from traditional securitiesThe regulatory perimeter itself would not expand. The FSA intends to keep using the PSA’s existing definition of “crypto assets,” while leaving non-fungible tokens (NFTs) and stablecoins outside the scope of the new framework. Under FIEA, crypto assets would be carved out as a distinct class separate from traditional securities, reflecting the fact that they generally do not confer legal claims such as dividends or interest payments. That distinction is already shaping how firms attempt to expand the economic utility of crypto assets. The move toward a clearer rulebook also arrives as market participants look for ways to construct return-generating mechanisms for assets that do not produce steady income on their own. Hong Kong–based Animoca Brands has partnered with Solv Protocol to provide Japanese institutions access to a Bitcoin-backed wrapper, according to Cointelegraph. The product is structured to generate returns in the 4% to 12% range for large holders, effectively layering yield on top of a token that otherwise provides no ongoing income. Rising retail demandThe regulator's report also details how deeply crypto has penetrated Japan’s retail market. As of October 2025, accounts at domestically registered crypto-asset exchanges had climbed past 13 million, with user deposits topping 5 trillion yen (about $32 billion). Roughly 70% of account holders fell into annual income brackets below 7 million yen (around $45,000), and more than 80% of individual accounts held less than 100,000 yen (about $640). The FSA said 86.6% of trading was driven by expectations of long-term price gains, indicating that most users view crypto primarily as an investment vehicle rather than a means of payment. Against that backdrop, the working group concluded that FIEA is a better fit than the PSA, which is geared toward payment services and anti-money-laundering (AML) controls. Shifting to the securities law would give regulators clearer authority to impose disclosure standards, govern conduct in the market, and levy penalties for unfair trading practices, the report said. The proposed framework would place heavier disclosure obligations on token issuances and initial exchange offerings (IEOs). Issuers or the listing exchanges would be required to provide key information to investors, and, in cases where an issuer does not have audited financial statements, offerings would be subject to investment limits. Crypto exchanges would face stronger due diligence requirements, tighter cybersecurity expectations, and broader insider-trading restrictions. Those rules would not only apply to employees at trading platforms but also to issuers and other insiders around listing events. Rules split for CEXs and DEXsCentralized exchanges (CEXs) would be supervised largely in line with securities firms. That would include requirements to maintain reserves or insurance to protect customer assets and expanded oversight of wallet-service providers connected to those platforms. Decentralized exchanges (DEXs), which have no central operator, would not be brought under the same regime. Instead, the FSA is proposing lighter, perimeter-based rules focused on disclosures by wallet providers and interface operators, coupled with efforts to warn users about the specific risks of trading on DEXs. Industry participants, meanwhile, have raised concerns that licensed exchanges may face higher compliance costs in the near term as they adapt to the new regime. Moving forward, the FSA is expected to refine the framework with an eye toward submitting a bill to the ordinary Diet session in the new year.
