In recent years, the Korean crypto industry has been plagued by devastating scandals, eroding investor confidence and creating a sense of urgency for regulatory intervention. On Dec. 11, the Korean Financial Services Commission (FSC) unveiled a comprehensive set of regulations under the Act on the Protection of Virtual Asset Users, signaling a new era of oversight and accountability for virtual asset service providers (VASPs) in Korea. This article examines the key features of the proposed regulations, their potential impact on the industry, and the significance of this regulatory framework for establishing a secure and orderly virtual asset market.
The Act on the Protection of Virtual Asset Users introduces a range of measures aimed at safeguarding virtual asset investors. One notable provision is the obligation placed on VASPs to manage and store customer deposits and virtual assets securely. This ensures that VASPs adopt robust security measures to protect the interests of their customers and enhance the overall trust in the industry.
To further protect investors, the new regulations introduce statutory sanctions, including criminal penalties and fines, to deter unfair trading practices within the virtual asset sector. By imposing these sanctions, the FSC aims to promote fair and transparent trading practices, thus creating a level playing field for all market participants.
The Act on the Protection of Virtual Asset Users precisely outlines the types of virtual assets that fall under its regulation. While it includes most digital tokens, the proposal also expands the list of excluded tokens. Notably, electronic bonds and non-fungible tokens (NFTs) are among the types of tokens exempted from the Act. This nuanced approach recognizes the diverse nature of virtual assets and ensures that appropriate regulatory measures are applied based on the characteristics of each asset type.
The proposed regulations also clarify the role of financial institutions, particularly banks, in the virtual asset ecosystem. Banks are designated as custodians for VASP customers’ funds and are required to invest these funds in secure assets such as government bonds. In the event of any losses incurred by customers, VASPs are obligated to compensate them using their deposits. This arrangement strengthens the safeguards for customer funds and provides an additional layer of protection within the industry.
Recognizing the paramount importance of security in the virtual asset industry, the FSC has raised the bar for VASPs in terms of asset storage. Under the proposed regulations, VASPs are now required to store a minimum of 80% of customer assets in cold wallets. This represents an increase from the previous requirement of 70%, demonstrating a heightened focus on security and the protection of customer assets from potential threats.
In addition, the proposed regulations address the financial safeguards against incidents like hacking or computer failures. VASPs must now have liability insurance or set aside reserves to cover a significant portion of the customer assets stored in hot wallets. This ensures that VASPs are prepared to handle unforeseen circumstances and can mitigate potential losses for their customers.
To align virtual asset trading with conventional financial practices, the proposed regulations introduce specific criteria for determining when material nonpublic information becomes public in virtual asset markets. This rule aims to improve the detection of insider trading in digital markets, promoting fair and transparent trading practices.
The FSC’s proposal includes stringent monitoring and reporting requirements for VASPs. VASPs will be required to monitor abnormal transactions and have defined procedures for reporting suspicious activities. Failure to comply with these obligations may result in fines for unfair trading practices. These measures create a robust regulatory framework that promotes market integrity and protects investors from fraudulent activities.
The comprehensive regulatory framework proposed by the FSC represents a pivotal step in the establishment of a secure and orderly virtual asset market in Korea. By introducing measures to enhance investor protection, clarify the role of financial institutions, and strengthen security standards, the FSC aims to instill confidence in the industry and attract responsible players.
The proposed regulations are currently open for public consultation until Jan. 22, 2024. This period allows for constructive feedback and input from various stakeholders, ensuring that the final regulations strike a balance between innovation and investor protection. As the Korean crypto industry moves towards a new era of regulation, it is essential for all market participants to actively engage in the consultation process and contribute to the development of a robust and sustainable virtual asset market in Korea.