South Korea’s Monetary Regulator Says US Bitcoin ETFs Defy Native Regulation

Authorities in South Korea have warned native monetary establishments from providing spot crypto ETFs following SEC approval within the US.

South Korea’s monetary regulator, the Monetary Companies Fee (FSC), has mentioned that the spot Bitcoin ETFs not too long ago accepted within the US could contravene the nation’s regulation. In an official statement revealed on Friday, the regulator sounded a be aware of warning with out offering in depth particulars:

“Domestic securities firms brokering overseas-listed Bitcoin spot ETFs may violate the existing government stance on virtual assets and the Capital Markets Act.”

Final month, FSC Chief Kim So-young mentioned on crypto regulation, {that a} steadiness between innovation and investor safety is important. Talking at a crypto convention in Seoul, So-young mentioned authorities would attempt to contemplate innovation slightly extra as they proceed to manage cryptocurrencies.

South Korea Unwilling to Approve ETF however Guarantees Regulatory Overview

Within the FSC’s Friday assertion, the company promised to assessment present guidelines round crypto following updates just like the SEC’s approval of ETFs within the spot Bitcoin market. It mentioned:

“Regulations for virtual assets are being established, such as the Act on the Protection of Users of Virtual Assets, etc. which came into effect in July of this year, and we plan to further review them as there are overseas cases, such as in the United States.”

South Korea at present has a rule that prohibits its monetary establishments from launching crypto ETFs and is unwilling to alter that. An FSC official not too long ago told a reporter at native media platform Kyunghyang that the US approval is not going to have an effect on South Korea’s rule towards ETFs. Additionally, it’s legally unattainable to launch a crypto ETF in South Korea due to its Capital Markets Act. The Act limits funding contracts like ETFs to fiat and different property. Sadly, there’s at present no allowance for crypto, and South Korean authorities are unwilling to alter this regulation.

As a part of the interview with Kyunghyang, the FSC official famous that the monetary sector solely survived the crypto bear market due to ETF prohibitions. The official advised that the repercussions of the bear market could have been dire for the US monetary sector if the general public had entry to identify Bitcoin or crypto ETFs. 

Crypto ETFs May Harm Conventional Monetary Market

Moreover, the official added that the SEC’s approval of crypto ETFs is reluctant and solely occurred due to a court docket’s resolution, doubtless referring to Grayscale’s victory over the ETF. Grayscale Investments had sued the SEC for rejecting spot Bitcoin ETF functions, accusing the Fee of unfairness. The court docket finally ruled that the SEC’s rejection was unmerited and located issues with the Fee’s argument. 

The FSC’s official has warned that the spot ETF approval may have an effect on the standard market. As translated from Korean, the official mentioned:

“If investment in virtual assets is recognized, the demand base of the domestic stock market may actually weaken.”

South Korea’s Digital Asset Person Safety Act was handed early final 12 months and may take impact from July 2024. The Act defines cryptocurrencies and introduces legal guidelines for sanctioning misconduct, together with penalties and fines for “unfair trading activities.” As well as, the regulation requires digital asset providers suppliers (VASPs) to tell the FSC of irregular transactions.

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