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Legislative Proposal in Taiwan Aims to Safeguard Consumers through Virtual Asset Management

Legislative Proposal in Taiwan Aims to Safeguard Consumers through Virtual Asset Management

Virtual Asset Management Bill Introduced in Taiwan Parliament

Taiwanese legislators have recently tabled the Virtual Asset Management Bill in the Legislative Yuan, aimed at enhancing consumer protection and regulatory oversight in the digital asset sector. The bill outlines several obligations for Virtual Asset Service Providers (VASPs), including the segregation of client funds, the establishment of an internal audit system, and membership in relevant trade associations. However, it does not impose a 1:1 reserve requirement for stablecoin issuers or address algorithmic stablecoins.

Penalties and Licensing Requirements

The proposed legislation also includes penalties for unlicensed VASPs, ranging from fines of 2 million to 20 million Taiwanese dollars. Existing market participants will have a six-month grace period to obtain the necessary licenses. This bill follows guidelines issued by the Financial Supervisory Commission (FSC) in September 2023, which prohibited foreign VASPs from operating in Taiwan without approval.

Collaboration Between Crypto Exchanges and Regulatory Bodies

In September, major crypto exchanges in Taiwan established the Taiwan Virtual Asset Platform and Transaction Business Association to foster collaboration between the industry and regulatory bodies. This move aligns with Taiwan’s comparatively lenient regulatory approach when compared to Hong Kong and Japan. Unlike Hong Kong’s strict stance on derivatives and stablecoins or Japan’s custodian requirements, Taiwan’s bill primarily emphasizes fund separation.

A Nuanced Approach to Regulation

The proposed bill mandates periodic reporting by exchange operators but does not specifically address Proof of Reserves. It allows room for the regulatory body to consult with industry stakeholders and establish asset ratio rules. This measured approach reflects Taiwan’s aim to create a regulatory framework following the collapse of FTX exchange, which had gained popularity in Taiwan due to favorable interest rates on US dollars.

Positive Response from the Crypto Sector

The crypto industry in Taiwan has responded positively to the introduction of formal regulatory supervision, viewing it as a positive step towards legitimizing the sector.

Hot Take: Taiwan Takes a Pragmatic Approach to Virtual Asset Regulation

Taiwan’s Virtual Asset Management Bill represents a pragmatic approach to regulating the digital asset sector. By focusing on consumer protection and oversight without imposing overly burdensome requirements, Taiwan aims to strike a balance between fostering innovation and safeguarding investors. The bill’s emphasis on fund segregation and collaboration with industry stakeholders reflects a nuanced understanding of the crypto landscape. As Taiwan moves towards establishing a comprehensive regulatory framework, its measured approach may serve as a model for other jurisdictions seeking to navigate the challenges posed by the digital asset industry.

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Legislative Proposal in Taiwan Aims to Safeguard Consumers through Virtual Asset Management