The South Korean Government Tightens Regulations on Virtual Asset Businesses

The South Korean Government Tightens Regulations on Virtual Asset Businesses

The South Korean Financial Services Commission (FSC) has recently made significant legislative amendments to strengthen the regulations surrounding virtual asset business operators. These amendments aim to enhance accountability and duties of crypto executives, ensuring greater compliance and oversight within the rapidly evolving virtual asset sector. The government’s focus is on creating a stable and trustworthy environment for both businesses and consumers by holding leaders within the industry to higher standards of accountability.

Central to the proposed changes is the introduction of stringent requirements for changes in the management of virtual asset businesses. Any alteration in the representative or executive positions within these businesses must now be reported and approved before the new appointees can assume their roles officially. This measure aims to prevent disruptions and maintain stability within these often volatile and technologically advanced entities.

The amendment also simplifies the reporting processes for virtual asset businesses by implementing pre-reporting and post-reporting mechanisms. Certain changes may be exempted from comprehensive review, streamlining the reporting procedures. This simplification will allow businesses to operate more efficiently while still adhering to necessary regulations.

Furthermore, financial institutions issuing real-name accounts to virtual asset operators must meet more stringent criteria. These institutions are now required to prove their capabilities in terms of human and infrastructural resources. Additionally, they must adhere to due diligence and legal compliance guidelines. By implementing these criteria, the government aims to create a more secure and trusted environment for virtual asset transactions.

Procedures for Suspension and Cancellation of Reports

The amendment also outlines procedures for the suspension and subsequent resumption of report reviews in case of delays in verifying necessary facts. It additionally defines conditions under which authorities can cancel reports without prior notice, specifically when a financial transaction order is significantly disturbed due to legal violations or misconduct by executives. These procedures ensure that the regulatory framework is aligned with maintaining the integrity and transparency of virtual asset businesses.

The Financial Services Commission seeks public input on the amendment until March 4, 2024. This open consultation period reflects the government’s dedication to transparency and stakeholder engagement in the legislative process. Individuals and organizations are encouraged to review the proposed changes and submit feedback, contributing to a more inclusive and well-rounded regulatory framework.

These legislative amendments by the South Korean government demonstrate their commitment to tightening regulations and enhancing accountability within the virtual asset sector. The aim is to create a more stable and trustworthy environment for businesses and consumers, ensuring that leaders within the industry are held to higher standards of compliance and oversight. Through public consultation and stakeholder engagement, the government seeks to create a regulatory framework that is inclusive and well-rounded, considering the needs and concerns of all parties involved.


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