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BCH $558.04 -1.27%
LINK $8.84 -2.81%
HYPE $31.00 -1.58%
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illegal

The People's Bank of China and the China Securities Regulatory Commission: This notice emphasizes that conducting RWA asset securitization without permission is an illegal activity, and continues the policy stance on virtual currencies from recent years

The heads of the People's Bank of China and the China Securities Regulatory Commission stated that the background for the release of the "Notice on Further Preventing and Dealing with Risks Related to Virtual Currencies" (hereinafter referred to as the "Notice") is: based on summarizing previous work experiences and in conjunction with the new risk situation, the original document has been revised to form the "Notice."In addition, this notice continues the policy stance of recent years, reiterating that virtual currencies do not have the same legal status as legal tender, and that conducting virtual currency-related business activities within the country is considered illegal financial activity. Foreign entities and individuals are not allowed to illegally provide virtual currency-related services to domestic entities in any form.In response to the rapid development of real-world asset tokenization in recent years, the "Notice" emphasizes that conducting real-world asset tokenization activities within the country, as well as providing related intermediary and information technology services, which may involve illegal issuance of token vouchers, unauthorized public issuance of securities, illegal operation of securities and futures businesses, and illegal fundraising, should be prohibited; except for related business activities conducted based on specific financial infrastructure with the approval of the competent business authorities in accordance with laws and regulations. Foreign entities and individuals are not allowed to illegally provide real-world asset tokenization-related services to domestic entities in any form.

Shanghai Second Intermediate Court Seminar: Personal Holding and Trading of Cryptocurrency Generally Not Recognized as Illegal Business Operations

Guided by the Chinese Criminal Law Research Association and the Shanghai High Court, the Shanghai Second Intermediate People's Court and the Law School of Renmin University of China jointly hosted a seminar on criminal trials, focusing on the theme of "Legal Uniformity in Cases Involving Virtual Currency Crimes." The discussion content is summarized as follows:The determination of "subjective knowledge" in virtual currency money laundering crimes should be assessed comprehensively to prevent objective attribution of guilt.The identification of the types of acts and standards for completion in virtual currency money laundering crimes involves: first, accurately grasping the essence of the crime, which is "concealing and disguising the source and nature of criminal proceeds and their profits"; second, the acts of concealing and disguising criminal proceeds and their profits, as stipulated in the elements of the money laundering crime, constitute the completion of the crime; third, strictly combating money laundering crimes in accordance with the law to resolutely safeguard national financial security.The determination of illegal operation crimes involving virtual currency indicates that if the behavior does not possess characteristics of business operations and merely involves personal holding or trading of currency, it is generally not recognized as illegal operation. However, if the individual is aware that others are illegally buying or selling or indirectly trading foreign exchange and still provides assistance through the exchange of virtual currency, and the circumstances are serious, they should be recognized as an accomplice in illegal operation crimes.

The Hong Kong Securities and Futures Commission fined Saxo Financial 4 million yuan for illegally distributing virtual asset products to retail clients

According to the Hong Kong Securities and Futures Commission (SFC), the SFC has condemned Saxo Financial (Hong Kong) Limited (Saxo) and imposed a fine of HKD 4 million due to Saxo's deficiencies in distributing non-SFC approved virtual asset funds and virtual asset-related products (collectively referred to as virtual asset products) on its online trading platform (online platform). During the period from November 1, 2018, to November 25, 2022 (the relevant period), Saxo allowed retail clients to buy and sell several virtual asset products on the online platform.According to two circulars issued by the SFC to intermediaries that took effect at critical times, these products should only be sold to professional investors. The SFC's investigation found that during the relevant period, Saxo executed 1,446 transactions on the online platform for six individual professional investors and 130 retail clients, involving 32 virtual asset products. All of the relevant products were classified as complex products, including 21 exchange-traded derivative products (exchange-traded virtual asset products).Before executing these transactions, Saxo did not assess whether clients had the knowledge to invest in virtual asset products, nor did it provide sufficient information to clients and specifically warn clients about virtual assets, thus failing to comply with the guidelines set out in the two SFC circulars.
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