Key Takeaways
In a bid to safeguard investors and prevent a repeat of the FTX debacle, Japan’s financial watchdog has unveiled a sweeping reform package that would stop crypto exchanges from spiriting away customers’ assets overseas in the event of bankruptcy.
The Financial Service Agency (FSA) has tabled a new “holding order” that would apply to all crypto exchange companies registered under Japan’s Payment Services Act.
This marks a significant expansion of the FSA’s regulatory purview, as previously, holding orders were only available to businesses registered as financial instrument exchanges under the Financial Instruments and Exchange Act.
Under the proposed amendments to the Payment Service Act, crypto service providers such as exchanges would be forbidden from transferring Japanese residents’ assets to foreign platforms.
The new rules would instruct crypto exchanges in Japan to keep domestic assets entrusted to them by customers within the country rather than allowing them to flee to foreign shores in times of financial distress.
According to the FSA’s database, 29 registered crypto exchanges in Japan would be affected by the proposed regulations, Nikkei reports.
The FSA’s move is seen as a belated response to the collapse of FTX, which operated in Japan before its ignominious demise in 2022.
The proposed regulations are a tacit admission that Japan’s regulatory framework has failed to keep pace with the rapid evolution of the cryptocurrency ecosystem.
Despite being one of the first countries to issue formal guidelines for cryptocurrency usage in 2017, Japan has struggled to stay ahead of the curve.
Its onerous tax regime has acted as a deterrent to investment, and its regulatory framework has failed to adapt to changing market dynamics.
However, with a new pro-crypto prime minister at the helm, Japan appears to be refocusing on the cryptocurrency space.
The government is currently reviewing its tax policy with a view to reducing the burden on investors and paving the way for institutional investors to access crypto-based investment products.