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OKX Enters Final Stages of Securing VASP License in Hong Kong

Web3 & Enterprise·September 05, 2023, 1:05 AM

Seychelles-headquartered cryptocurrency exchange OKX is on the verge of securing its virtual asset service provider (VASP) license in Hong Kong, with approval expected as early as June 2024.

That’s according to Li Zhikai, OKX’s Global Chief Commercial Officer, who, in a recent interview with Infocast, shed light on the exchange’s preparations, including collaborations with banks and other related technological integrations.

Photo by Simon Zhu on Unsplash

 

The Road to a VASP License

Obtaining a VASP license in Hong Kong is no easy feat. Regulatory requirements impose a 30% cap on investors’ crypto investments, ensuring they do not risk more than one-third of their net income.

Furthermore, the Hong Kong regulator has implemented stringent crypto asset storage protocols, mandating that crypto exchanges securely store 98% of their crypto assets in cold wallets. Additionally, they must provide insurance and compensation arrangements to protect clients’ interests.

Cost has been another issue. In June it emerged that Web3 businesses have been shelling out anywhere between 20 million and 200 million Hong Kong dollars ($2.55 million and $25.5 million) in order to see out the licensing application process.

Alongside these licensing difficulties, Hong Kong’s Securities and Futures Commission (SFC) issued a warning last month aimed at unregistered crypto businesses engaging in “improper practices” within the Chinese autonomous territory.

 

OKX’s remarkable growth

With OKX having reported growth within the Hong Kong market earlier this year, pointing to the onboarding of over 10,000 new users in just one month, it’s likely that licensing is both worthwhile and necessary for the firm despite the difficulties in obtaining it. In March the exchange established OKX Hong Kong, a local entity, with the primary objective of securing a VASP license and operating as a virtual asset trading platform within the city.

Hong Kong’s decision to open its doors to retail investors as of June 1 generated significant interest, with more than 80 foreign and Mainland China-based crypto companies expressing their intent to establish a presence in Hong Kong and obtain local licenses. Among these firms are Gate.io, Huobi, CoinEx, and Interactive Brokers.

 

Expanding global reach

Notably, OKX has been actively acquiring licenses in various jurisdictions worldwide as part of its strategic expansion plan. The exchange secured a Minimal Viable Product (MVP) license from the Dubai Virtual Assets Regulatory Authority (VARA) in June. This licensing milestone followed the establishment of a new office at the Dubai World Trade Center by OKX.

Before venturing into the Middle East, OKX took steps to obtain a French digital asset service provider (DASP) license in May, aiming to position France as its regional hub in Europe. To facilitate this, OKX established a local subsidiary, OKX France. The application and registration process with the French regulator is expected to enable OKX to operate in full compliance with European regulations.

Hong Kong embarked on its journey to become a crypto-friendly jurisdiction over the course of the past 12 months, but particularly so when it unveiled its licensing framework for cryptocurrency exchanges catering to retail customers earlier this year. However, only a handful of platforms, such as HashKey and OSL, managed to secure licenses for offering retail crypto trading services. Others, including Huobi and Gate.io, are still awaiting that regulatory nod.

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Policy & Regulation·

Sep 22, 2023

Korea to Tighten Scrutiny of Crypto Exchange Shareholders Amid Rising Concerns

Korea to Tighten Scrutiny of Crypto Exchange Shareholders Amid Rising ConcernsSouth Korea’s financial regulator is stepping up efforts to evaluate the qualifications of majority shareholders of cryptocurrency exchanges, according to a report by local news outlet Newsis. This initiative follows instances where majority shareholders of local exchanges, including Bithumb, found themselves embroiled in criminal proceedings. Drawing parallels with the banking sector, the regulator is scrutinizing the credentials of majority shareholders to ensure compliance and integrity within the cryptocurrency exchange landscape.Photo by Terrence Low on UnsplashRevamping reporting requirementsThe Financial Intelligence Unit (FIU) under the Financial Services Commission recently set up a task force to revamp the reporting requirements for crypto exchanges.The upcoming requirements are anticipated to be integrated into the reporting forms that cryptocurrency exchanges must complete, starting in October of next year. Essentially, these stipulations will determine whether existing exchanges, such as Upbit, Bithumb, and Coinone, can sustain their operations in the future.Periodic evaluationAccording to the Enforcement Decree of the Financial Transaction Reports Act, all virtual asset service providers (VASPs), including exchanges, are mandated to submit a renewal report every three years. Upbit, having been the first to submit its initial report in October 2021, will join other crypto exchanges in updating their reports in October 2024.A majority shareholder qualification assessment is a process in which the government periodically checks whether majority shareholders have the necessary qualifications to operate a financial company. Through this process, the FIU aims to curb potential illicit activities by majority shareholders, who hold significant sway over cryptocurrency exchange operations, thereby mitigating any potential harm to the users.Regulatory grey areaThis measure emerged from concerns that majority shareholders of exchanges have existed in a regulatory grey area. In fact, under the Financial Transaction Reports Act, only exchange representatives and registered officers are required to report and undergo examination when declaring VASPs. This leaves the actual owners and controllers — the majority shareholders — unidentified and unexamined.The current circumstances involving VASPs are markedly different and more concerning compared to other financial sectors. In the banking sector, restrictions are placed on share ownership and voting rights if majority shareholders have breached financial laws or if they are capital entities forbidden from owning a bank. Similarly, online peer-to-peer lenders and large lenders are also under obligation to have their majority shareholders scrutinized, as they fall under analogous regulations.Fraud and manipulation allegationsThe heightened scrutiny is also thought to have been sparked by recent allegations of fraud and market manipulation involving some majority shareholders of Korean exchanges. For instance, Mr. Kang Jong-hyun, a majority shareholder of Bithumb, is currently facing a criminal trial for allegations of fraudulent and unfair trade activities under the Capital Markets Act. Additionally, Song Chi-hyung, the majority shareholder of Upbit and chairman of Dunamu, is facing a Supreme Court trial over alleged price manipulation through wash trading.Moves to amend legislationMeanwhile, efforts are underway in the National Assembly to amend the existing legislation. Yun Chang-hyun, a lawmaker from the ruling People Power Party and a member of the National Policy Committee, has recently proposed a bill to revise the Financial Transaction Reports Act. The amendment seeks to implement a majority shareholder screening system for VASPs.The proposed amendments would obligate VASPs, including crypto exchanges, to disclose information about their majority shareholders in their reports, thereby enabling the FIU to scrutinize any past financial crimes or economic offenses committed by these majority shareholders.

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Markets·

Aug 16, 2023

QCP Capital: Bitcoin Has $34K Price Potential

QCP Capital: Bitcoin Has $34K Price PotentialBitcoin’s potential for a significant price rally toward $34,000 has been discussed recently by analysts at QCP Capital, the Singapore-headquartered crypto asset trading firm. Despite Bitcoin’s recent lack of major volatility catalysts, QCP’s analysis suggests that a classic support rebound might trigger the return of the highest Bitcoin prices in over a year.Photo by Kanchanara on UnsplashCrucial price action time-frameAccording to QCP Capital’s latest market update on Tuesday, the upcoming weeks are poised to be crucial for Bitcoin’s price action. The cryptocurrency has been range-bound for months, leaving market observers speculating about the emergence of a new market trend.QCP Capital highlights September as a pivotal month due to the completion of a rising wedge pattern that started during the end of the 2022 bear market. This pattern has guided Bitcoin’s price movement, with the wedge reaching its first termination point at the beginning of September. The specific level of interest is $29,300, which aligns with the current focal point of the Bitcoin spot price.Rally potentialThe analysis ponders whether there will be a sharp rally that pushes the price to the $34,000 resistance level. This scenario has occurred three times this year, as the price kissed the support trendline. The report acknowledges that it might take a few more quiet weeks before the outcome becomes clear. The analysts expressed their intention to buy back their end of September short calls and anticipate going long on end of December volatility in due course.QCP Capital’s perspective aligns with other optimistic views on Bitcoin’s short-term price strength. Some projections even suggest that the 2023 Bitcoin bull market might return by October, although the market sentiment is varied, with some cautioning about the possibility of new lows before a broader recovery.Macroeconomic trendsTurning to macroeconomic trends, QCP Capital indicates that significant change is not on the immediate horizon, echoing the status quo in the crypto space. Comparing the current situation to the compressed trading environment of the crypto winter in 2018 and 2019, the analysis suggests that a macroeconomic shift would be required to reinvigorate the market, similar to what has happened in the past.Bitcoin’s volatility has reached historic lows, as illustrated by data just published by on-chain market intelligence firm, Glassnode. While a game-changing macro environment shift isn’t imminent, there are short-term catalysts on the crypto calendar for the upcoming months.These include events like Mt. Gox creditor payouts, the GBTC vs. Securities and Exchange Commission (SEC) lawsuit, potential SEC decisions on Blackrock/Fidelity’s Bitcoin spot ETF applications, and potential news related to centralized crypto exchanges and stablecoins.The September deadline for comments on the initial Bitcoin spot price exchange-traded fund (ETF) applications is particularly noteworthy, as it’s widely seen as a turning point for the industry. Europe’s first Bitcoin spot ETF, which began trading on Tuesday, is being custodied by Fidelity Investments, marking another step in the maturation of the cryptocurrency market.

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Policy & Regulation·

Jan 20, 2024

Regulator lifts investment cap for real estate-backed tokens in Thailand

The Securities and Exchange Commission (SEC) in Thailand has made a significant adjustment to the rules governing digital token investments. The SEC has decided to eliminate the investment ceiling previously imposed on retail investors participating in initial coin offerings (ICOs) tied to real estate and infrastructure.Photo by Colton Duke on UnsplashFostering digital economy growth and developmentThe announcement, specifying the revised criteria, was officially published in the Royal Gazette, with the measure taking effect on Tuesday. This move allows retail investors greater access to ICOs involving tokens backed by real estate or linked to real estate revenues. The SEC emphasized that, in addition to ensuring appropriate investor protection, its role extends to encouraging the utilization of technology and innovation in fundraising. The objective is to foster sustainable growth in the capital market and support the development of the digital economy. Prior to this adjustment, retail investors faced a restriction of a 300,000 baht ($8,450) investment limit per offering concerning digital tokens backed by infrastructure or real estate. The SEC's decision to remove this limitation aligns with the goal of managing product risks effectively while promoting a more inclusive environment for retail investors in the realm of digital token investments. Facilitating custodial walletsFurthermore, the SEC is currently undertaking a review of criteria to facilitate the establishment of custodial wallet provider businesses for digital asset operators with common major shareholders. This initiative aims to enhance the regulatory framework and provide guidelines for businesses involved in digital asset storage. Custodial wallets will be permitted in Thailand if operated by publicly traded companies with experience in digital asset storage. All Thai citizens will have a touch point with digital wallets shortly under a government program, a $14 billion digital handout scheme, which has been approved to distribute digital currency to the public through digital wallets. DASP approvalsAs part of its supervisory role, the SEC will also be responsible for granting permissions to digital asset service providers (DASPs) to expand into new business lines. Digital asset operators seeking to diversify their operations are required to obtain approval from the SEC before proceeding. This measure is intended to ensure the effective oversight of such businesses and maintain the credibility of the digital asset industry by preventing illegal operations. It’s likely no coincidence that tokenized real estate is being embraced in Thailand, given the background of Thailand’s recently installed Prime Minister, Srettha Thavisin. In 2021, Thavisin’s company played a role in funding crypto-friendly investment management firm XSpring Capital to the tune of $225 million. His firm also introduced a real estate-backed ICO in conjunction with XSpring. While Thailand’s SEC is moving forward with tokenized real estate, it doesn’t feel the same way about exchange-traded funds (ETFs). In the wake of the recent approval of spot bitcoin ETFs in the United States, the Thai SEC responded by stating that it currently has no plans to allow asset managers to launch similar products within the Thai market. 

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