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Korea considers legal recognition of virtual assets as trust assets for investor protectionSouth Korea’s Ministry of Justice (MOJ) is assessing whether customers’ virtual assets on cryptocurrency exchanges should be legally recognized as trust assets. This classification would give users priority in claiming their virtual assets in case of an exchange’s bankruptcy, thus strengthening investor protection. There’s a noted concern about potential disputes in such bankruptcy situations, as users’ digital assets are typically considered to be in the custody or storage of these platforms.Photo by Daniel Bernard on UnsplashLegal study by Seoul National UniversityAccording to a Tuesday report by local news outlet ChosunBiz, citing industry and legal sources, the MOJ has initiated a legal study on this subject. The research is being conducted by the Seoul National University R&DB Foundation, which started the project earlier this month.Through this study, the MOJ is expected to examine the legal classification of cryptocurrency as property. This review is significant because, for cryptocurrencies to be held in a trust, they must be legally recognized as property. Meanwhile, the upcoming Virtual Asset User Protection Act, set to come into effect next July, mandates that only cash deposits made by users be segregated from the assets of the exchange itself.In Korea, under the current provisions of the Capital Markets Act, virtual assets are not recognized as being held in a trust. Instead, staked cryptocurrencies are seen as being under custodial management or storage. In such arrangements, only a debtor-creditor relationship concerning virtual assets is acknowledged, differing from the legal framework of a trust.Prioritization of rightsIf a cryptocurrency exchange becomes insolvent and enters liquidation, the current legal framework could end up prioritizing the rights of the exchange’s creditors or shareholders over those of the crypto investors. This situation has faced criticism for its inadequate protection of investors. However, if the crypto assets were considered to be held in trusts, it would enable users to acquire “rights to foreclose outside bankruptcy.” This means users would have the right to receive priority reimbursement for their crypto assets, offering them a higher level of protection in the event of an exchange’s bankruptcy.Regarding this development, an official from the MOJ said that while the study is a fundamental legal review focused on exploring ways to protect users through the application of trusts for various cryptocurrency transactions, including those involving decentralized finance (DeFi), it is too early to provide specific details at this stage.

India’s NPCI Looks to Recruit Blockchain TalentIndia’s National Payments Corporation of India (NPCI), a collaborative initiative led by the Reserve Bank of India (RBI) in partnership with 247 Indian financial services companies, is actively seeking an experienced blockchain technologist to spearhead efforts in exploring the potential applications of blockchain technology within contemporary payment systems.The NPCI, responsible for operating India’s Unified Payments Interface (UPI), a domestically developed instant payment system, plays a pivotal role in facilitating inter-bank peer-to-peer and person-to-merchant transactions across the country. The organization has recently posted a job listing for a Head of Blockchain on LinkedIn, demonstrating its interest in harnessing the power of blockchain technology.Photo by Siddharth K Rao on UnsplashIdentifying blockchain use casesThe ideal candidate for this critical role should be a seasoned technologist with a minimum of six years of hands-on experience in the development and implementation of blockchain solutions. Their primary responsibility will be to identify and evaluate potential use cases for blockchain-driven solutions within the payments ecosystem.Additionally, the senior leadership position demands a profound technical grasp of various blockchain platforms and a track record of involvement in at least two pilot blockchain projects.UPI has been a remarkable success in bolstering India’s payment infrastructure, so much so that other countries such as Singapore, Malaysia, the United Arab Emirates (UAE), France, Nepal, and the UK have expressed interest in adopting the UPI payment system to varying degrees.Potential blockchain integrationDespite UPI's runaway success, it’s likely that the NCPI foresees more change coming down the tracks with a need to respond appropriately. Recently, Indian billionaire businessman Mukesh Ambani suggested that his company, multinational conglomerate Reliance Industries (RIL), would delve further into the use of blockchain technology, particularly where central bank digital currency (CBDC) is concerned.V Subramanian, Managing Director of one of Ambani’s companies, Reliance Retail, stated that India’s digital rupee CBDC would eventually outperform UPI. Incorporating blockchain elements into UPI could potentially introduce blockchain technology to millions of users, instantly validating its transformative capabilities.The NPCI’s job posting for a blockchain leader has already garnered significant attention, with over 600 applicants expressing their interest at the time of publication. It is anticipated that the NPCI’s recruitment drive for blockchain expertise will expand in the near future as promising blockchain use cases are uncovered and developed.The NPCI has been paying attention to the development of blockchain technology over a number of years already. In 2020, it launched a project to build a blockchain-based payments platform called Vajra, albeit that it looked to implement a permissioned blockchain model to ensure that only authorized parties could access the network. Truly decentralized networks can’t control who chooses to use such networks.The blockchain is designed such that the NPCI acts as a Clearing House Node, with overall admin rights over the network. Its Notary Node level features Aadhaar authentication, with a view to securing the network. Participant Nodes feature authorized banks and payment services providers, who have the requisite permissions to read and write transactions on the blockchain.

Japan’s Blockchain Group Requests Crypto Tax Revision for Web3 AdoptionThe Japan Blockchain Association (JBA) has submitted a request to the Japanese government to reform the current cryptocurrency tax system, as it believes the existing framework hampers the growth of the Web 3 industry and discourages public engagement with cryptocurrencies. The association believes the tax revision would help position Japan as a leading country in the Web3 industry and boost the nation’s economy through these changes.Photo by Su San Lee on UnsplashGreater tax exemptionLast month, the Japanese National Tax Agency announced that companies would no longer be taxed on unrealized gains from cryptocurrencies they hold, provided they are the issuers of those tokens. While this represents a positive step, the JBA considers it insufficient in fostering Web3 growth. In light of this, the blockchain group urges the government to extend this exemption to also cover holdings of tokens issued by third parties.Separate taxationAdditionally, the JBA proposes a shift in the tax treatment of personal cryptocurrency transactions. It advocates for a separate taxation approach with a fixed tax rate of 20% for individual transactions, including crypto derivatives. This modification is seen as a way to adapt to the increasing prevalence of crypto asset transactions in the emerging Web3 era.Crypto-to-crypto trading tax abolitionUnder the current system, individuals trading crypto assets for other crypto assets are subject to income tax on the profits earned from each transaction. However, with the increasing variety of crypto assets and the growing prominence of crypto asset transactions in the emerging Web3 era, the JBA is advocating for the abolition of income tax on transactions between cryptocurrencies. The complexities involved in taxing such transactions within the evolving Web3 landscape have prompted the group to propose a reevaluation of the taxation approach, seeking a more favorable environment to foster the growth of the crypto industry.Japan has demonstrated its proactive approach in promoting and embracing the Web3 industry. At the annual Japanese Web3 conference, WebX, held in Tokyo last week, Prime Minister Fumio Kishida delivered a video address to mention Web3 as part of “the new form of capitalism,” acknowledging its capacity to stimulate economic growth and tackle societal challenges. Minister Kishida highlighted the Japanese government’s dedication to creating a supportive and conducive environment for the advancement of Web3 projects.