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Thailand: Regulations on Cryptocurrency and Digital Token Offerings

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Thailand: Regulations on Cryptocurrency and Digital Token Offerings

A Complete Guide (2023 Edition)

In 2022 and 2023, following the collapse of the key global players in the crypto industry, regulators around the world closely scrutinized crypto activities and tightened the regulations for digital asset businesses. This tightening primarily concerns the protection and segregation of customers’ assets, which has become standard practice since the crypto crash.

Over the past year, we have witnessed a series of enforcement actions and attempts by offshore regulators to classify various types of digital asset products and determine whether these products should be classified as securities.

Building upon the aforementioned trends in the digital asset industry, the Office of the Securities and Exchange Commission (SEC) issued new regulations and held public hearings. These initiatives aim to enhance investor protection and strike a balance between supervising and fostering the development of the crypto industry.

To keep up with the dynamic and evolving regulatory developments, we have revised this publication to provide an updated overview of regulations pertaining to digital assets in Thailand.

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Author
Kullarat Phongsathaporn

Kullarat is a partner in the Financial Services Practice Group at Baker & McKenzie Ltd. She is recognized in banking and finance, securities, derivatives and structured finance, FinTech, e-payment, venture capital, exchange control, anti-money laundering / counter terrorism financing, and financial and tech-related laws and regulations. She leads the FinTech team at the Bangkok office.

Kullarat has assisted the largest and fastest growing companies in and outside Thailand on matters related to the use of technology and digitalization in financial markets, including both money and capital markets.

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Hong Kong firm HKVAX gets approval to run city’s third cryptocurrency exchange

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Hong Kong firm HKVAX gets approval to run city’s third cryptocurrency exchange
Hong Kong’s securities regulator has approved the city’s third cryptocurrency exchange, the first to be licensed under a two-year-old virtual-asset regulatory regime that has so far struggled to gain traction.
Hong Kong Virtual Asset Exchange on Thursday obtained a licence for its trading platform HKVAX, according to an updated list on the Securities and Futures Commission (SFC) website.

With its expertise in security token offerings (STO) and real-world asset (RWA) tokenisation, HKVAX aims to offer over-the-counter trading, exchange and custody services, the company said in a statement published on Friday.

The licence “demonstrates Hong Kong’s resolve to lead in the virtual-asset industry”, while HKVAX aims to establish the city as “the STO and RWA centre for Asia and beyond”, co-founder and chief executive Anthony Ng said in the statement.

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Hong Kong’s financial summit ends on an upbeat note as city heads ‘back to business’

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Hong Kong’s financial summit ends on an upbeat note as city heads ‘back to business’

The company’s trading platform and onboarding system are still “undergoing final preparations”, the company said in a notice on its website.

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From $37B to $24.5B: DAO Treasuries Experience Significant Downturn – Blockchain Bitcoin News

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From B to .5B: DAO Treasuries Experience Significant Downturn – Blockchain Bitcoin News
In October 2024, the latest data shows that decentralized autonomous organizations (DAOs) hold $24.5 billion in treasuries, down by $12.6 billion since the end of March. Optimism’s DAO, which boasted $8.3 billion on Mar. 24, has seen its treasury shrink to $3.8 billion, making it the largest DAO treasury despite the decline. Decentralized Autonomous Organizations […]
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Deadline Extended! Argentinians Seize Last Chance for Cryptocurrency Amnesty!

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Deadline Extended! Argentinians Seize Last Chance for Cryptocurrency Amnesty!
  • Local exchanges like Bitso and Lemon report significant increases in digital currency deposits since the amnesty’s announcement.
  • Carlos Peralta of Bitso noted a surge in inquiries, suggesting higher future participation before the deadline extension.

In Argentina, the cryptocurrency amnesty program, initiated in July, has surprisingly exceeded expectations according to local exchanges. This initiative allows Argentinians to declare their cryptocurrency holdings to the government without fear of repercussions.

The deadline for this declaration has been extended to October 31

The Argentine government has extended the deadline for asset regularization through Decree No. 864/2024, published on September 30, 2024. This extension modifies the dates of the regime established by Law No. 27.743 on Palliative and Relevant Fiscal Measures, allowing fiscal residents in Argentina and non-residents who were previously fiscal residents to voluntarily declare assets both domestically and abroad until October 31, 2024, for the first stage. The subsequent stages have been extended to January 31, 2025, and April 30, 2025, respectively.

Furthermore, the decree specifies that funds regularized up to September 30, 2024, can be withdrawn starting October 1, 2024, without retention, provided that no new regularizations are made after that date. Funds not exceeding USD 100,000 will be exempt from retention starting November 1, 2024, and those exceeding that amount must be kept in special accounts or allocated to authorized investments until December 31, 2025, to avoid a 5% retention.

Fiscal transparency and the integration of undeclared assets into the formal economy

Representatives from cryptocurrency exchanges such as Bitso and Lemon have reported a significant uptake in participation since the program’s announcement. They observed a record increase in digital currency deposits, suggesting a strong willingness among Argentinians to comply with the new regulations.

Carlos Peralta, the leader of Public Affairs at Bitso Argentina, noted a spike in inquiries even before the extension was announced, indicating a high level of interest. 

“Perhaps now with more time, they decide to enter” Peralta commented, hinting at the potential for even greater participation in the coming weeks.

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Similarly, Juan Pablo Fridenberg, Director of Public Affairs at Lemon, highlighted that September saw the highest volume of cryptocurrency deposits in the platform’s history. 

“Although we do not know how many users have effectively joined, as this information is only available to the Federal Administration of Public Revenue (AFIP), we can affirm that the volume exceeded July’s by 23%,” said Fridenberg.

As we usually report on Crypto News Flash, this initiative by the Argentine government aims to bring transparency to the cryptocurrency market, which has traditionally operated with minimal oversight. By encouraging citizens to declare their digital assets, the government hopes to integrate these into the formal crypto economic system, reducing the risks associated with unregulated markets.

The positive response from the public and the extension of the deadline reflect the growth, as we have been reporting on Crypto News Flash, this may accept and normalize cryptocurrencies in Argentina. This move is part of a broader effort to stabilize the financial system and restore trust among investors and the public in the potential of digital currencies as legitimate financial assets.

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