Digital currency regulation in different countries
first, classify the legal nature of digital currencies and establish their legal status
the identification of the nature of digital currency has always been the core issue of legal supervision
Second, regulate ICO to protect the rights and interests of investors
thirdly, we should adopt the license system to supervise the legal qualification of digital currency start-ups< Fourth, the digital currency trading platform and private users should be included in the anti money laundering laws and regulations to prevent money laundering activities
fifthly, rece or exempt bitcoin transaction tax or formulate regulatory exemption privileges to relax the regulation of digital currency instry.
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at present, there are few countries in the world that issue supervision licenses for digital currency asset transactions, such as austrac license in Australia, MTR digital currency transaction / wallet license in Estonia, token license in Thailand and jvcea virtual currency transaction license in Japan
among the digital currency trading licenses in the above countries, Japan and Thailand have too high qualification requirements, and few exchanges or indivials meet the qualification requirements
Australia austrac and Estonian MTR can basically meet the qualification requirements. However, after the amendment of Estonian act on March 10, 2020, and the promulgation of the act on qualification, capital verification and local actual office space, the application cycle will be extended accordingly
at present, only ausrac in Australia is the most suitable license for digital currency asset trading license. It does not need capital verification, certificate fee and local office address. The application cycle is short and the qualification requirements are low. It can basically meet the qualification requirements. It has high international reputation and is the most cost-effective license at present. It can be considered directly
on September 4, 2017, the people's Bank of China and other seven ministries and commissions issued the "notice on preventing the financing risk of token issuance", which cleaned up the ICO and virtual currency trading venues. The scale of domestic virtual currency transactions decreased significantly, effectively avoiding the impact of virtual currency prices on China's financial market.
according to the virtual financial assets Act (hereinafter referred to as VFAA) which came into effect on November 1, 2018 by the Maltese Government, a license is required to operate the virtual financial assets (VFA) business. This kind of license is issued by the Malta Financial Services Authority (MFSA). All applications for licenses must be made through qualified VFA agents
according to the virtual financial assets act, according to different types of business activities, the license is divided into four categories:
category 1: investment consulting
the license allows the holder to provide investment consulting and financing services for customers, but not to hold virtual assets on behalf of customers
scope of application: VFA investment advisory bodies
category 2: except for exchanges and proprietary trading, any other virtual asset services
holders of such licenses have the right to provide any VFA services and can hold or control customers' funds, but they can not operate VFA exchanges through their own accounts or operate exchanges by themselves
scope of application: wallets, encrypted financial asset investment funds
Category 3: any other virtual asset services except exchanges
holders of such licenses have the right to provide any VFA services, hold or control customers' funds, but cannot operate VFA exchanges
scope of application: OTC traders or market makers
category 4: VFA exchanges
are authorized to operate VFA exchanges and hold or control customer funds, virtual financial assets and / or private encryption keys, as well as services of custodians or agents, but only limited to the operation and related activities of the exchanges
scope of application: all kinds of cryptocurrency exchanges, such as coin an and okex, need to apply for such licenses
the application cycle is 1-2 months. It is suitable for the exchange to apply for compliance, and can engage in financial services such as ICO, cryptocurrency, etc. for details, please consult.
At the G20 meeting, different countries held different views on digital currency, some strongly resisted it, and some actively supervised it. Now let's take a look at the attitudes of the G20 countries towards digital currency
In a statement, the Canadian Securities Regulatory Agency (CSA) said that considering the whole process of ICO issuance, many ICO tokens meet the definition of securities and require them to comply with the securities law. In addition, the CSA noted that ICOS may also be derivatives, subject to derivatives laws passed by Canadian securities regulators, including trade reporting rules. Regulators said they welcome companies that are about to conct ICO to enter the "regulatory sandbox" to test new financial procts in a limited environmentIndia
the securities and Exchange Commission of India is planning guidelines for the regulation of the bitcoin market in India. In addition, the securities and Exchange Commission of India set up a financial regulatory commission and held meetings with Reserve Bank of India (RBI) officials. The SEC also plans to regulate whether bitcoin derivatives and other cryptocurrencies are used to raise funds illegally
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