Regulation
Restrictive OTC Regulations for Institutions Amid ETF Launch in Hong Kong
Hong Kong has become a key player in the race to become Asia’s leading crypto hub, as it spear the first spot crypto ETFs in the region on April 30 with a contribution from the first day of more than 130 million dollars on Bitcoin and Ethereum. To better understand the implications of this milestone and the evolving Hong Kong virtual asset landscape, CryptoSlate spoke with HB Lim, Managing Director of APAC for BitGo.
Lim brings a wealth of regulatory and crypto industry experience to the conversation. Prior to joining BitGo, a leading institutional cryptocurrency custody provider, he was Director of Abu Dhabi Global Market, where he helped shape its progressive crypto regulatory frameworks. Lim previously held positions at the Monetary Authority of Singapore regulating financial institutions.
In this exclusive interview, Lim shares his views on how Hong Kong’s ETF spot offerings could impact market forces and investor participation in the region. It also assesses Hong Kong’s overall virtual asset regulatory framework and how it compares to other competitors vying to become Asia’s crypto hub, such as Singapore and the United Arab Emirates.
Lim provides candid insights on areas where Hong Kong’s crypto regulations could be improved, such as creating licensing options for independent custodians and calibrating rules for institutional over-the-counter trading desks. He also discusses his outlook for digital assets in Hong Kong and APAC as well as BitGo’s plans to support the region’s growing ecosystem in the coming years.
With Hong Kong spot ETFs set to launch on April 30, what impact do you think will have on the region’s crypto market dynamics and investor participation?
Currently, the main markets for spot crypto ETFs are in North America and Europe. This means that these ETFs are not available for trading during a large portion of trading hours in Asia, which is incongruous with the 24/7 market that is crypto. As such, having spot crypto ETFs in Hong Kong provides investors with more comprehensive trading hours to access crypto.
Additionally, some investors may prefer not to trade crypto spot ETFs listed in North America or Europe for reasons such as less favorable taxes or restrictions imposed by their home country’s regulator. Hong Kong spot crypto ETFs offer another option for those investors who might find Hong Kong offers more advantages in terms of taxes and regulatory access.
The offering of spot crypto ETFs in Hong Kong will strengthen liquidity in Hong Kong’s crypto markets and give rise to a growing supporting ecosystem of crypto exchanges, crypto custodians, banks, brokers and professional services.
Given your regulatory experience, how do you assess Hong Kong’s overall virtual asset regulatory framework? Can it find the right balance between innovation and investor protection?
Hong Kong has developed an extremely comprehensive and robust regulatory framework for virtual assets, and is to be commended for this. Nevertheless, some areas could be improved, such as the need to create a regulatory framework for independent custodians of virtual assets to provide an additional option for custody, and calibrating Hong Kong’s proposed regulatory framework for OTC trading of virtual assets.
Currently, virtual asset exchanges in Hong Kong are only allowed to use virtual asset custody services provided by an affiliate. Banks that wish to provide virtual asset custody but outsource this service are only permitted to use virtual asset custody services provided by a Hong Kong-licensed virtual asset exchange or other Hong Kong-licensed bank. Virtual asset exchanges and banks in Hong Kong are currently not allowed to use independent third-party virtual asset custodians, limiting options in the market. There is currently no HK SFC or HKMA licensing regime for independent virtual asset custodians in Hong Kong.
A thriving Web3 industry requires the support of independent and specialized virtual asset custodians. Virtual asset wallets are the gateway to Web3, and proper custody and protection of virtual assets is essential to building trust in the industry. As such, Hong Kong could also benefit from the development of a regulatory framework allowing independent custodians of virtual assets to be licensed, thereby providing a complementary option to the custody of virtual assets in Hong Kong.
Regarding over-the-counter trading, Hong Kong recently released a consultation paper proposing to regulate over-the-counter trading of virtual assets. The proposals appear rather restrictive as they propose to allow OTC trading desks to offer only crypto-fiat trading pairs and limit the cryptocurrencies that can be traded to only those approved for trading on approved exchanges in Hong Kong. The proposals appear more targeted at physical stores in Hong Kong offering retail customers the ability to buy and sell crypto assets, and the proposals appear less suited to institutional over-the-counter trading desks that do not deal with retail customers and who maintain strict compliance. programs including Know-Your-Customer controls. Over-the-counter trading proposals could perhaps benefit from a separate regime for institutional over-the-counter trading desks, which would recognize the lower risks these desks pose.
With Singapore and the UAE also vying to become Asia’s leading crypto hub, how do you think Hong Kong’s spot ETF offerings will strengthen its competitive position?
Hong Kong offering spot crypto ETFs will likely attract more Web3 businesses, investors and talent to put down roots in Hong Kong, leading to a virtuous cycle of growth in the Web3 ecosystem there.
What excites you most about the future of digital assets in Hong Kong and the APAC region, and how does BitGo plan to contribute to this evolution in the years to come?
Virtual asset wallets are the gateway and foundation of Web3, and virtual asset wallet and custodial providers such as BitGo are crucial players in any Web3 ecosystem. BitGo has been active in the APAC region for many years and we remain optimistic about the adoption and growth of Web3 in Hong Kong and the rest of the APAC region. As a company that prioritizes security and regulatory compliance, we look forward to continuing to contribute to the web3 ecosystem in Hong Kong and the rest of APAC through our thought leadership and supporting the businesses with our safe and reliable virtual asset wallets and premium brokerage services.
Connect with Hobeng Lim
Regulation
Crypto community gets involved in anti-government protests in Nigeria
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
Regulation
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
Regulation
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.
Regulation
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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