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first_img Thailand implements cryptocurrency travel regulations requiring verification of ownership of self-custody wallets

The Securities and Exchange Commission of Thailand (SEC) has officially approved the travel rule for crypto assets, requiring digital asset operators to verify the ownership or control of wallets when customers send or receive crypto assets to self-custody wallets, and to retain transaction-related information for at least five years for regulatory review. Pornanong Budsaratragoon, Secretary-General of the Thai SEC, stated that the rule aims to reduce the risk of digital asset operators being used for money laundering and terrorist financing.The new regulations were finalized after two rounds of public consultations this year, with the first round presenting a draft in March and a notification draft released in June. The Thai SEC stated that most stakeholders expressed support. As the travel rule is implemented, Thailand is considering expanding the access to regulated crypto products. On Monday, the Thai SEC proposed allowing intermediaries to offer specific crypto derivatives traded on regulated overseas exchanges to retail investors.In the days prior, regulators also advanced the draft rules for spot Bitcoin and Ethereum exchange-traded funds (ETFs) and simultaneously sought opinions on the foreign digital asset custodians used by funds investing in crypto assets. Thailand's move aligns with global regulatory trends, as the Financial Action Task Force (FATF) estimates that by 2026, 83% of surveyed jurisdictions will have enacted travel rule legislation.

first_img Thailand's SEC proposes allowing retail investors to trade regulated overseas crypto derivatives

The Securities and Exchange Commission of Thailand (SEC) has proposed allowing intermediaries to provide certain digital asset derivatives traded overseas to retail investors. According to the proposal, eligible products must be similar to crypto derivatives traded domestically in Thailand, including aspects such as underlying assets, duration, leverage, and settlement methods. At the same time, these products must be traded on exchanges that adopt central counterparty clearing and are supervised by regulatory bodies belonging to specific international regulatory or exchange organizations.Crypto derivatives that do not meet the above conditions will only be available to institutional investors. The Thai SEC stated that institutional investors are better equipped to assess and manage complex and high-risk products. Current rules only allow intermediaries to provide relevant investment services to retail and high-net-worth clients when overseas derivatives are similar to domestic trading products, while overseas crypto derivatives, due to their varying structures and risk levels, require targeted regulations.This consultation is the latest initiative by Thailand to incorporate crypto-related products into the regulated capital market. The Thai SEC officially designated cryptocurrencies and digital tokens as permissible derivative underlying assets in a notice issued on March 5 and is discussing potential contract specifications with the Thailand Futures Exchange. The consultation will continue until September 30, and the Thai SEC has not yet announced the proposed implementation date for the revisions.

Thailand's SEC seeks public opinion on the draft rules for Bitcoin and Ethereum ETFs

According to Cointelegraph, the Securities and Exchange Commission (SEC) of Thailand has advanced its regulatory framework for locally listed spot Bitcoin and Ethereum ETFs from a principled proposal to the rule draft stage and is publicly soliciting opinions on this. The regulatory agency released two consultation documents on Monday, one containing the rule draft for Thailand's crypto ETFs, and the other proposing qualification principles for foreign digital asset custodians.In the initial phase, asset management companies can establish passive ETFs that track Bitcoin or Ethereum, which are the only qualified crypto assets. According to the proposed rules, Bitcoin and Ethereum ETFs will only trade on the Stock Exchange of Thailand (SET), with each ETF tracking a single crypto asset and required to maintain at least 80% net asset exposure to that asset within each accounting year. Mutual funds and private funds can also invest in Thailand's local crypto ETFs, as well as the foreign crypto ETFs they are permitted to invest in, but must comply with existing investment limits. However, in the initial phase, the regulatory agency does not allow alternative products linked to foreign crypto ETFs, including depositary receipts that track them.Regarding custody, the revised plan still primarily relies on domestic digital asset custodians as the main service providers in the initial phase, and the Thai SEC may allow the use of qualified foreign digital asset custodians when necessary. Foreign custodians must be supervised by a regulatory agency with legal authority and meet the regulatory and investor asset protection standards deemed sufficient by the Thai SEC. The deadline for public opinion collection on the two consultation documents is September 20.

Thailand's SEC accuses Bitkub executives of concealing a $50 million hacking loss and has filed a criminal complaint

The Securities and Exchange Commission (SEC) of Thailand has filed a criminal complaint against the cryptocurrency exchange Bitkub Online and two former directors, Sakolkorn Sakavee and Thaweesap Rawan, accusing them of submitting false financial reports between May and October 2021. The case has been handed over to the Economic Crime Suppression Division (ECD) of Thailand for investigation, and the prosecution will decide whether to formally charge them.The SEC stated that Bitkub suffered a cyber attack in May 2021, resulting in the theft of 16 types of digital assets, with losses exceeding $50 million. Regulatory investigations revealed that Bitkub did not reflect the relevant losses in its daily net capital report Form DA 1 from May 10 to October 30, 2021. The SEC alleged that the relevant executives made false statements in the company's official documents, leading regulators to believe that customer assets were intact and that the company had not suffered financial losses. Bitkub subsequently completed the acquisition of alternative assets in late October 2021, but the SEC believes that the reports during this period constituted false statements.In a statement on July 23, Bitkub asserted that existing customer holdings are secure and accounts are complete. Bitkub stated that its co-founders purchased alternative assets in the same quantity and currency to cover the losses and claimed that the cyber theft incident was reported to law enforcement on May 10, 2021.
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