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Hong Kong’s Successful Approach to Cryptocurrency Regulation

BlockChainBulletin Staff

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Hong Kong's Successful Approach to Cryptocurrency Regulation

A number of measures show that Hong Kong is committed to fostering a “vibrant ecosystem” for virtual assets and other related products.

Jill Wong, partner at the law firm Reed Smithwrites about how Hong Kong is tackling cryptocurrency regulation, a task that involves judging how to balance innovation and risk.

The editors are pleased to share these views and invite readers to respond. Usual editorial disclaimers apply.
tom.burroughes@wealthbriefing.com

As in many other countries, the initial reaction in Hong Kong to the advent of bitcoin and other cryptocurrencies was to ask: “What is it?” This question has since evolved, although in the early stages of regulatory thinking, virtual assets (VAs) were regulated only to the extent that they fit within existing financial services laws. For example, VAs that resemble traditional securities were treated as “securities” or “futures” under existing securities laws and were subject to licensing, marketing and other requirements under Hong Kong law.

However, because these laws were not formulated with AVs in mind, some of them did not fit neatly into traditional definitions and thus fell outside the regulatory framework. The securities regulator, the Hong Kong Securities and Futures Commission (SFC), took steps to address this issue in the form of public statements, warning the public that AVs, like cryptocurrencies, needed to be licensed. For example, Initial Coin Offerings (ICCs) could be considered “collective investment schemes” and therefore required a license under the Securities and Futures Ordinance (SFO), while bitcoin futures also required a license under the SFO as “futures contracts.”

Things accelerated in 2018 when the SFC extended its regulatory oversight to cover existing SFC licensees that were portfolio managers and distributors of VA funds. This was an important step in bringing greater oversight and stability to the VA ecosystem.

In 2019, the SFC published a position paper outlining a new regulatory framework for centralised VA trading platforms (VATPs). VATPs that provide trading services in both non-securities-related VAs and securities-related VAs would fall under the SFC’s regulatory net. However, there was a loophole: VATPs that only dealt in non-securities-related VAs remained unregulated.

This situation was quickly resolved. In June 2023, after extensive consultations, Hong Kong adopted a comprehensive licensing regime for VATPs. Under this regime, VATPs operating in non-security AVs are required to obtain a VATP license under the Anti-Money Laundering and Combating the Financing of Terrorism Ordinance (AMLO).


The current situation and prospects
Hong Kong has ambitions to become a hub for virtual innovation. The country is already moving in the right direction, with the UN Trade and Development Report 2023 ranking Hong Kong ninth in the world in terms of frontier technology readiness. Hong Kong’s commitment to innovation (while providing adequate investor protection) and a crypto-friendly legal framework have also positioned the territory as a global leader in virtual innovation.

Hong Kong regulators continue to complement the current VA framework. This includes the introduction of licensing regimes for issuers of fiat-referenced stablecoins and over-the-counter trading of VAs. Regulators have already completed public consultations on these regulatory proposals and plan to introduce the relevant legislation shortly.

Hong Kong also became the first jurisdiction in Asia to offer retail investors the ability to trade Bitcoin and Ether ETFs for cash, ushering in an in-kind redemption mechanism. This gave investors additional flexibility to buy and sell shares of crypto tokens with a portfolio of securities, financial derivative instruments, or VA instead of cash.

This is a crucial step to integrate VAs into mainstream financial products in Hong Kong. The inclusion of Ether also opens the door to new ETFs tracking other major cryptocurrencies. This will further diversify the offering of exchange-traded products in Hong Kong, which now includes a metaverse ETF, a blockchain ETF, and some VA futures ETFs.

Hong Kong is also investing heavily in fintech, a key factor in the city’s competitive advantage. For example, the Hong Kong government has tasked the Hong Kong Monetary Authority (HKMA) with subsidizing the training costs of eligible financial sector professionals under the Fintech Grant Scheme.

The latest “Fintech Promotion Roadmap 2023” has set out five key pillars for development, focusing on the adoption of fintech solutions across Hong Kong’s banking sector, expanding the fintech expert workforce and improving data infrastructure. At the same time, the HKMA’s exploration of a retail central bank digital currency, e-HKD, reflects the regulator’s commitment to staying at the forefront of digital currency innovation.

Earlier this year, the HKMA launched a “sandbox” for stablecoins. This allows potential issuers to conduct experiments under relaxed regulatory conditions and will facilitate dialogue between issuers and regulators. A notable example is that a fintech company, founded by a former senior regulator, is actively working on a Hong Kong dollar-backed stablecoin, partnering with leading players in the digital payments and AV sectors to explore the use of its stablecoin in retail and cross-border payments.


Legal benefits?
Hong Kong’s legal system also provides a favourable environment for the VA sector. Cryptocurrencies have been recognised by Hong Kong courts as “property” that can be the subject of a trust in a liquidation context. The courts have also granted freezing injunctions on cryptocurrencies as asset preservation measures. These decisions provide welcome certainty to traders and investors.

That said, while Hong Kong may be considered a crypto-friendly jurisdiction, it is not an “easy” jurisdiction for regulatory arbitrage. The current VATP licensing regime is strict and robust (some say too strict). The existing licensing regime sets out detailed criteria for applicants’ financial resources, management and governance structure, admission requirements for VA tokens, custody of customer assets, and anti-money laundering and counter-terrorism financing policies.

The SFC also reiterated that VATPs cannot serve mainland Chinese residents. These stringent requirements and the lack of access to mainland Chinese customers may have prompted several major exchange players to withdraw their VATP license applications.

However, a strong regulatory regime is arguably a necessary foundation for sustainable growth. It gives credibility to companies that commit to compliance and builds investor confidence. This would explain the continued interest in Hong Kong among the 17 VAT companies awaiting a licence.


Is Hong Kong ahead of the competition?
Traditional financial institutions interested in VA distribution or fund management should be encouraged by the recent initiatives of the HKMA and the SFC. In December 2023, the HKMA and the SFC issued the Third Joint Circular on Intermediaries Dealing with VAs, expanding the manner in which brokers, advisers and fund managers can provide VA-related services.

Additional safeguards are provided to protect investors: most AV-related products are likely to be considered complex products and, except in limited circumstances, distributors will therefore need to comply with existing requirements for the sale of complex products. This includes an assessment of the suitability of the AV-related product for investors.

Only professional investors have access to these products. However, retail investors have access to some options, as they can trade in VA-related products traded on the Hong Kong Stock Exchange and other specified exchanges, as well as VA funds authorised by the SFC to be offered publicly. This is expected to be a major asset for the VA markets in Hong Kong.

In addition, the SFC has already given the green light to 25 funds allowing them to have portfolios investing more than 10% in VA.

Traditional banks and stockbrokers can also offer VA trading services through partnerships with SFC-licensed VATPs. Several stockbrokers have already been granted approval by the SFC and, while there are currently only two licensed VATPs, it is likely that there will be more in the future.

These measures demonstrate Hong Kong’s commitment to fostering a vibrant ecosystem for AVs, innovative products and those who distribute, manage and invest in them. The global market is competitive, but Hong Kong has positioned itself at the forefront of this global market and is well placed to reap the benefits in the years to come.

Disclaimer: This is provided for informational purposes only and does not constitute legal advice.

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We are the editorial team of Blockchainbulletin, where seriousness meets clarity in cryptocurrency analysis. With a robust team of finance and blockchain technology experts, we are dedicated to meticulously exploring complex crypto markets with detailed assessments and an unbiased approach. Our mission is to democratize access to knowledge of emerging financial technologies, ensuring they are understandable and accessible to all. In every article on Blockchainbulletin, we strive to provide content that not only educates, but also empowers our readers, facilitating their integration into the financial digital age.

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Regulation

Crypto community gets involved in anti-government protests in Nigeria

BlockChainBulletin Staff

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Crypto Community Engages in Nigeria's Governance Protests

Amid the #EndBadGovernanceInNigeria protests in Nigeria, a notable shift is occurring within the country’s cryptocurrency sector. As the general public demands sweeping governance reforms, crypto community leaders are seizing the opportunity to advocate for specific regulatory changes.

Rume Ophi, former secretary of the Blockchain Stakeholders Association of Nigeria (SiBAN), stressed the critical need to integrate crypto-focused demands into the broader agenda of the protests.

Ophi explained the dual benefit of such requirements, noting that proper regulation can spur substantial economic growth by attracting investors and creating job opportunities. Ophi noted, “Including calls for favorable crypto regulations is not just about the crypto community; it’s about leveraging these technologies to foster broader economic prosperity.”

Existing government efforts

In opposition to Ophi’s call for action, Chimezie Chuta, chair of the National Blockchain Policy Steering Committee, presents a different view. He pointed out The Nigerian government continued efforts to nurture the blockchain and cryptocurrency industries.

According to Chuta, the creation of a steering committee was essential to effectively address the needs of the crypto community.

Chuta also highlighted the creation of a subcommittee to harmonize regulations for virtual asset service providers (VASPs). With the aim of streamlining operations and providing clear regulatory direction, the initiative involves cooperation with major organizations including the Securities and Exchange Commission (SEC) and the Central Bank of Nigeria (CBN). “Our efforts should mitigate the need for protest as substantial progress is being made to address the needs of the crypto industry,” Chuta said.

A united call for support

The ongoing dialogue between the crypto community and government agencies reflects a complex landscape of negotiations and demands for progress.

While actors like Ophi are calling for more direct action and the inclusion of crypto demands in protest agendas, government figures like Chuta are advocating for recognition of the steps already taken.

As protests continue, the crypto community’s push for regulatory reform highlights a crucial aspect of Nigeria’s broader fight to improve governance and economic policies. Both sides agree that favorable regulations are critical to the successful adoption and implementation of blockchain technologies, signaling a potentially transformative era for Nigeria’s economic framework.

Read also : OKX Exchange Exits Nigerian Market Amid Regulatory Crackdown

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Cryptocurrency Regulations in Slovenia 2024

BlockChainBulletin Staff

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Cryptocurrency Regulations in Slovenia 2024

Slovenia, a small but highly developed European country with a population of 2.1 million, boasts a rich industrial history that has contributed greatly to its strong economy. As the most economically developed Slavic nation, Slovenia has grown steadily since adopting the euro in 2007. Its openness to innovation has been a key factor in its success in the industrial sector, making it a prime destination for cryptocurrency enthusiasts. Many believe that Slovenia is poised to become a powerful fintech hub in Europe. But does its current regulatory framework for cryptocurrencies support such aspirations?

Let’s explore Slovenia’s cryptocurrency regulations and see if they can propel the country to the forefront of the cryptocurrency landscape. My expectations are positive. What are yours? Before we answer, let’s dig a little deeper.

1. Cryptocurrency regulation in Slovenia: an overview

Slovenia is renowned for its innovation-friendly stance, providing a supportive environment for emerging technologies such as blockchain and cryptocurrencies. Under the Payment Services and Systems Act, cryptocurrencies are classified as virtual assets rather than financial or monetary instruments.

The regulation of the cryptocurrency sector in Slovenia is decentralized. Different authorities manage different aspects of the ecosystem. For example, the Bank of Slovenia and the Securities Market Agency oversee cryptocurrency transactions to ensure compliance with financial laws, including anti-money laundering (AML) and terrorist financing regulations. The Slovenian Act on the Prevention of Money Laundering and Terrorist Financing (ZPPDFT-2) incorporates the EU’s 5th Anti-Money Laundering Directive (5MLD) and aligns with the latest FATF recommendations. All virtual currency service providers must register with the Office of the Republic of Slovenia.

2. Cryptocurrency regulation in Slovenia: what’s new?

Several notable developments have taken place this year in the cryptocurrency sector in Slovenia:

July 25, 2024:Slovenia has issued a €30 million on-chain digital sovereign bond, the first of its kind in the EU, with a yield of 3.65%, maturing on 25 November 2024.

May 14, 2024:NiceHash has announced the first Slovenian Bitcoin-focused conference, NiceHashX, scheduled for November 8-9 in Maribor.

3. Explanation of the tax framework for cryptocurrencies in Slovenia

The Slovenian cryptocurrency tax framework provides clear guidelines for individuals and businesses. According to the Slovenian Financial Administration, the tax treatment depends on the status of the trader and the nature of the transaction.

  • People:Income earned from cryptocurrencies through employment or ongoing business activities is subject to personal income tax. However, capital gains from transactions or market fluctuations are exempt from tax.
  • Companies:Capital gains from cryptocurrency-related activities are subject to a 19% corporate tax. Value-added tax (VAT) generally applies at a rate of 22%, although cryptocurrency transactions that are considered as means of payment are exempt from VAT. Companies are not allowed to limit payment methods to cryptocurrencies alone. Tokens issued during ICOs must follow standard accounting rules and corporate tax law.

4. Cryptocurrency Mining in Slovenia: What You Need to Know

Cryptocurrency mining is not restricted in Slovenia, but income from mining is considered business income and is therefore taxable. This includes rewards from validating transactions and any additional income from mining operations. Both individuals and legal entities must comply with Slovenian tax regulations.

5. Timeline of the development of cryptocurrency regulation in Slovenia

Here is a timeline highlighting the evolution of cryptocurrency regulations in Slovenia:

  • 2013:The Slovenian Financial Administration has issued guidelines stating that income from cryptocurrency transactions should be taxed.
  • 2017:The Slovenian Financial Administration has provided more detailed guidelines on cryptocurrency taxation, depending on factors such as the status of the trader and the type of transaction.
  • 2023:The EU adopted the Markets in Crypto-Assets (MiCA) Regulation, establishing a uniform regulatory framework for crypto-assets, their issuers and service providers across the EU.

Endnote

Slovenia’s approach to the cryptocurrency sector is commendable, reflecting its optimistic view of the future of cryptocurrencies. The country’s balanced regulatory framework supports cryptocurrency innovation while protecting users’ rights and preventing illegal activities. Recent developments demonstrate Slovenia’s commitment to continually improving its regulatory environment. Slovenia’s cryptocurrency regulatory framework sets a positive example for other nations navigating the evolving cryptocurrency landscape.

Read also : Hong Kong Cryptocurrency Regulations 2024

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A Blank Sheet for Cryptocurrencies: Kamala Harris’ Regulatory Opportunity

BlockChainBulletin Staff

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A Blank Sheet for Cryptocurrencies: Kamala Harris' Regulatory Opportunity

photo by Shubham Dhage on Unsplash

As the cryptocurrency landscape continues to evolve, the need for clear regulation has never been more pressing.

With Vice President Kamala Harris now leading the charge on digital asset regulation in the United States, this represents a unique opportunity to start fresh. This fresh start can foster innovation and protect consumers. It can also pave the way for widespread adoption across industries, including real estate agencies, healthcare providers, and online gaming platforms like these. online casinos ukAccording to experts at SafestCasinoSites, these platforms come with benefits such as bonus offers, a wide selection of games, and various payment methods. Ultimately, all this increase in adoption could propel the cryptocurrency market forward.

With this in mind, let’s look at the current state of cryptocurrency regulation in the United States, a complex and confusing landscape. Multiple agencies, including the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Financial Crimes Enforcement Network (FinCEN), have overlapping jurisdictions, creating a fragmented regulatory environment. This lack of clarity has stifled innovation as companies are reluctant to invest in the United States, fearing regulatory repercussions. A coherent and clear regulatory framework is urgently needed to realize the full potential of cryptocurrencies in the United States.

While the US struggles to find its footing, other countries, such as Singapore and the UK, are actively looking into the cryptocurrency sector by adopting clear and supportive regulatory frameworks. This has led to a brain drain, with companies choosing to locate in more conducive environments.

Vice President Kamala Harris has a unique opportunity to change that narrative and start over. Regulation of cryptocurrencies. By taking a comprehensive and inclusive approach, it can help create a framework that balances consumer protection with innovation and growth. The time has come for clear and effective regulation of cryptocurrencies in the United States.

Effective regulation of digital assets is essential to foster a safe and innovative environment. The key principles guiding this regulation are clarity, innovation, global cooperation, consumer protection, and flexibility. Clear definitions and guidelines eliminate ambiguity while encouraging experimentation and development to ensure progress. Collaboration with international partners establishes consistent standards, preventing regulatory arbitrage. Strong safeguards protect consumers from fraud and market abuse, and adaptability allows for evolution in response to emerging trends and technologies, striking a balance between innovation and protection.

The benefits of effective cryptocurrency regulation are multiple and far-reaching. By establishing clear guidelines, governments can attract investors and mainstream users, driving growth and adoption. This can, in turn, position countries like the United States as global leaders in fintech and innovation. Strong safeguards will also increase consumer confidence in digital assets and related products, increasing economic activity.

A thriving crypto industry can contribute significantly to GDP and job creation, which has a positive impact on the overall economy. Furthermore, effective regulation has paved the way for the growth of many businesses such as tech startups, online casinos, and pharmaceutical companies, demonstrating that clear guidelines can open up new opportunities without stifling innovation. This is a great example of how regulation can allay fears of regressive policies, even if Kamala Harris does not repeal the current progressive approach. By adopting effective regulation, governments can create fertile ground for the crypto industry to thrive, thereby promoting progress and prosperity.

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South Korea Imposes New ‘Monitoring’ Fees on Cryptocurrency Exchanges

BlockChainBulletin Staff

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South Korea Imposes New 'Monitoring' Fees on Cryptocurrency Exchanges

Big news! The latest regulatory changes in South Korea are expected to impact major cryptocurrency exchanges like Upbit and Bithumb. Under the updated regulations, these platforms will now have to pay monitoring fees, which could cause problems for some exchanges.

Overview of new fees

In the latest move to regulate cryptocurrencies, the Financial Services Commission announced on July 1 the revised “Enforcement Order of the Act on the Establishment of the Financial Services Commission, etc.” update “Regulations on the collection of contributions from financial institutions, etc.” According to local legislation newsThe regulations require virtual asset operators to pay supervisory fees for inspections conducted by the Financial Supervisory Service starting next year. The total fees for the four major exchanges are estimated at around 300 million won, or about $220,000.

Apportionment of costs

Upbit, which holds a dominant market share, is expected to bear more than 90% of the total fee, or about 272 million won ($199,592) based on its operating revenue. Bithumb will pay about 21.14 million won ($155,157), while Coinone and GOPAX will contribute about 6.03 million won ($4,422) and 830,000 won ($608), respectively. Korbit is excluded from this fee due to its lower operating revenue.

Impact on the industry

The supervision fee will function similarly to a quasi-tax for financial institutions subject to inspections by the Financial Supervisory Service. The new law requires any company with a turnover of 3 billion won or more to pay the fee.

In the past, fees for electronic financial companies and P2P investment firms were phased in over three years. However, the taxation of virtual asset operators has been accelerated, reflecting the rapid growth of the cryptocurrency market and increasing regulatory scrutiny.

Industry reactions

The rapid introduction of the fee was unexpected by some industry players, who had expected a delay. Financial Supervisory Service officials justified the decision by citing the creation of the body concerned and the costs already incurred.

While larger exchanges like Upbit and Bithumb can afford the cost, smaller exchanges like Coinone and GOPAX, which are currently operating at a loss, could face an additional financial burden. This is part of a broader trend of declining trading volumes for South Korean exchanges, which have seen a 30% drop since the new law went into effect.

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