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Beware Of Crypto Companies Falsely Claiming To Have Submitted License Purposes

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In latest developments, Hong Kong regulators have issued cautionary warnings to crypto buyers, asking them to watch out of potential funding dangers. In line with town’s chief regulatory company, some cryptocurrency buying and selling platforms have been making misguided claims about assembly the regulatory necessities for digital belongings. 

Traders Beware Of False Claims From Crypto Companies

The Securities and Futures Fee (SFC), the chief regulatory physique of Hong Kong, launched the alert on August 7. Within the assertion, the fee famous that some unlicensed exchanges within the metropolis had been participating in “improper practices.” 

In line with the physique, unlicensed Digital Property Buying and selling Platforms (VATPs) are falsely claiming to have submitted license functions to the physique, which might allow them to conduct transactions legally within the particular administrative area of China. 

Such fraudulent claims had been designed to “give the general public a false sense of assurance” and had been focused at “inducing one other particular person to commerce in digital belongings.” Making such claims quantities to a punishable offense underneath town’s Anti-Cash Laundering and Counter-Terrorist Finance Ordinance, the regulatory physique mentioned. 

Moreover, the SFC will take into account any seemingly misrepresentation made by an unlicensed Digital Asset Buying and selling Platform when deciding whether or not or to not grant them a license. The SFC could view as unfavorable any non-compliant actions that would want the reversion of shopper withdrawal or transactions that might have been fairly averted. 

The Securities and Futures Fee mentioned it’ll consider a Digital Asset Buying and selling Platform’s utility primarily based on its capacity to indicate real intention to right earlier non-compliant actions, together with the gradual unwinding of impermissible transactions. 

Digital Property Buying and selling Platforms that don’t meet the company’s necessities should make efforts to fulfill the regulatory and authorized obligations of licensed VAPTs, the SFC clarified.

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Hong Kong’s Regulatory Framework

Hong Kong’s Securities and Futures Fee (SFC)  just lately launched pointers for Digital Asset Buying and selling Platform operators within the nation to offer extra regulatory certainty for the crypto business within the nation and assist shield buyers’ pursuits. 

The SFC laid down guidelines that will allow centralized exchanges to offer providers to retail shoppers, supplied they’re approved by a license obtained from the Securities and Futures Fee. 

Below Hong Kong’s VASP regime, which kickstarted on June 1, 2023, a one-year grace interval commencing from June 1, 2023, allowed exchanges with an current massive presence within the metropolis to proceed operations whereas making adjustments to their companies to make sure compliance with the brand new SFCs guidelines. 

Platform operators that had not commenced operations earlier than June 1, 2023, needed to be SFC-licensed earlier than they might function. Nonetheless, evidently sure exchanges are already violating the foundations supplied underneath the brand new regime. 

In line with SFC, buyers collaborating in buying and selling on unregulated digital asset exchanges are prone to face “dropping their complete funding” on the alternate if it “ceases operation, collapses, is hacked,” or “suffers from any misappropriation of belongings.” 

Following this, many exchanges have publicly pledged to submit licensing functions with the SFC, together with Huobi and OKX, two standard exchanges in Asia. 

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