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South Korea Enacts First Crypto Investor Protection Law, Bolstering Existing Rules

1 year ago
in Web3
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South Korea’s inaugural legislation to guard crypto buyers got here into drive on Thursday because the nation makes an attempt to shut its regulatory shortcomings associated to the trade.

The Digital Asset Person Safety Act goals to focus on unfair buying and selling practices following incidents of bygone years together with the likes of the Terra-Luna crash and FTX’s collapse.

The legislation’s implementation follows latest initiatives by South Korean crypto exchanges to forestall mass delistings forward of the brand new regulatory measures.

South Korea’s Act defines digital property as digital tokens with financial worth that may be traded or transferred electronically. Whereas it contains crypto normally, it excludes non-fungible tokens and central financial institution digital currencies.

Beneath the legislation, crypto change operators should deposit customers’ funds in monetary establishments, resembling banks, to guard them within the occasion of chapter. Exchanges should additionally pay curiosity on these deposits, with native exchanges required to supply charges between 1% and 1.5%.

Exchanges are required to maintain a few of their customers’ digital property in chilly wallets to guard towards hacking and system failures. They’re additionally required to acquire insurance coverage or put aside reserves to cowl potential losses.

To fight unfair buying and selling practices, the legislation mandates that crypto exchanges monitor and report irregular transactions, resembling uncommon worth actions or buying and selling volumes, to monetary authorities, enhancing market integrity and investor safety.

Earlier this month, South Korean crypto exchanges working below the Digital Asset Change Alliance (DAXA) launched tips to avert large-scale crypto delistings.

These tips standardize standards for supporting and terminating digital asset buying and selling. DAXA introduced a six-month overview of 1,333 present digital property to make sure compliance, aiming to spice up transparency and cut back the chance of asset removals.

South Korea has made some efforts to manage the trade through the years, trying to tighten controls over how crypto is handled and traded.

Revised rules aimed toward crypto exchanges, which got here into impact in March of 2021, led over 60 marketplaces to adjust to the requirement to register with the nation’s Monetary Intelligence Unit (FIU) – the nation’s anti-money laundering and counter-terrorism monetary regulatory company.

The mandate additionally necessitated partnerships with banks to make sure real-name accounts.

On March 5, 2020, South Korea amended the Act on the Reporting and Use of Particular Monetary Transaction Data, focusing on digital asset service suppliers (VASPs).

Beneath the revised rules, VASPs are required to register a licensed checking account, acquire an Data Safety Administration System certificates, and submit firm and checking account particulars to the FIU.

Moreover, they need to now implement stringent Anti-Cash Laundering and Know-Your-Buyer procedures.

In response to the brand new rules, OKX, a serious Asian crypto change formally often known as OKEx, selected to exit the South Korean market reasonably than pursue registration as a VASP, citing challenges with its enterprise mannequin below the brand new guidelines on the time.

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Tags: BolsteringcryptoEnactsExistinginvestorKorealawProtectionRulesSouth
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