Willing to accept stricter regulations; ambiguity impacting growth: Crypto exchanges (2024)

Synopsis

In most cases, the industry wants the government to regulate cryptocurrency exchanges rather than regulating the crypto asset per se, said a lawyer who has made one such representation.

Willing to accept stricter regulations; ambiguity impacting growth: Crypto exchanges (1)ETtech

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Cryptocurrency companies have put forth several proposals for regulating cryptocurrency, ranging from making exchanges responsible for any money laundering or other regulatory concerns to differentiating between different exchanges based on their net worth and technology.

In a spate of recent meetings between some crypto exchanges, their advisors and government officials, exchanges also said they are willing to comply with all government guidelines regarding asset and liability management (ALM), know your customer (KYC), and Combating the Financing of Terrorism (CFT) to prevent criminals from misusing the exchanges, industry insiders said.

In most cases, the industry wants the government to regulate cryptocurrency exchanges rather than regulating the crypto asset per se, said a lawyer who has made one such representation.

Jaideep Reddy, leader, technology law, at law firm Nish*th Desai Associates, said, “Regulators could make exchanges responsible and ask them to follow KYC and AML practices similar to what we have for NBFCs and banks.”


Exchanges said they already have a basic code of conduct in place and are open to either the Reserve Bank of India (RBI) or market regulator Sebi regulating them.

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The exchanges are worried that the regulatory ambiguity will hamper their growth in the coming months as many serious investors may stay away from the asset class.

“Many exchanges have even asked for a basic net worth eligibility for exchanges and broker platforms to register with the government,” said the CEO of a crypto exchange who requested not to be identified. “Exchanges claim that the government could come up with a framework in the upcoming budget that will essentially make exchanges responsible for any money laundering, KYC, or other regulatory issues.”

Several finance ministry officials, the RBI, tax departments, and investigating agencies including the Financial Intelligence Unit have raised concerns about how, in their current form, cryptocurrencies are a “systemic risk” not just to security but even to the Indian economy, as ET reported earlier.

Officials have also raised concerns over how cryptocurrencies are used and, in the case of a law allowing them to be used for “illegitimate untraceable transactions”, this could “substantially reduce regulatory effectiveness”

Last week, the Directorate General of GST Intelligence, an investigation arm of the indirect tax department, conducted searches on several crypto exchanges and asked them to pay goods and services tax on their transaction fees or margins.

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    Willing to accept stricter regulations; ambiguity impacting growth: Crypto exchanges (2024)

    FAQs

    How does regulation affect crypto? ›

    First-of-its-kind research on cryptocurrency finds that the most regulated coins create the most efficient markets. That crypto regulation, often provided by cryptocurrency exchanges like Binance, can also help protect investors by providing reliable, public information.

    What are some of the reasons that the crypto markets have been difficult to regulate? ›

    Key Takeaways

    In the U.S., the IRS treats cryptocurrency as property, while the CFTC considers it a commodity. Many cryptocurrency companies have tried to avoid securities laws or requirements by claiming their tokens are utility or transactional tokens instead of security tokens.

    What is the trilemma of crypto regulation? ›

    The blockchain trilemma refers to the challenge of achieving three critical aspects of blockchain technology: security, scalability, and decentralization. The trilemma suggests that optimizing one aspect often compromises the others, making it difficult to achieve all three simultaneously.

    Who regulates crypto exchanges in the US? ›

    At the federal level, the following bodies are responsible for making the required cryptocurrency regulation in the US – the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Federal Trade Commission (FTC), the Treasury Department, through the Internal Revenue Service (IRS), ...

    What will happen if crypto get regulated? ›

    Legal framework: Falling under the SEC's regulations could legitimize cryptocurrency enterprises and attract more traditional investors and institutions, potentially leading to broader adoption.

    What are the cons of regulating cryptocurrency? ›

    Regulatory risks: The regulatory status of some cryptocurrencies is still unclear in many areas, with some governments seeking to regulate them as securities, currencies, or both. A sudden regulatory crackdown could make it challenging to sell cryptocurrencies or cause a market-wide price drop.

    What are the regulatory challenges of cryptocurrency? ›

    Key issues include a focus on chartering, licensing, fraud and financial crimes risks, and consumer and investor protections.

    Why does crypto need regulations? ›

    Regulatory action can create market discipline, increase transparency, and discourage manipulation. Setting trading rules, enforcing reporting requirements for exchanges, and establishing investor protection measures can all help to make the bitcoin market more stable and dependable.

    Why is it bad that crypto is unregulated? ›

    Crypto relies on unregulated trust, and there is a need for regulation to mitigate the risk of consumer harm. Regulation must include enforcement. Think twice before investing in crypto. Crypto-assets are inherently risky and complex.

    What is the blockchain triangle problem? ›

    The Blockchain Trilemma refers to the trade-off between 3 critical aspects of blockchain technology: Security, scalability, and decentralisation. Bitcoin and Ethereum run on blockchain networks that prioritise decentralisation and security, but this poses challenges to scalability.

    What is scalability vs decentralization? ›

    Decentralization ensures that the system is not controlled by a single entity, security protects the system from attacks, and scalability allows the system to handle a growing amount of transactions or data.

    What is crypto trilemma problem? ›

    Blockchains must maintain the elements of decentralization, security, and scalability. Improving one of these areas often results in sacrificing another. Creating this balance has been a challenge for developers for as long as blockchain technology has existed, and is often referred to as the blockchain trilemma.

    Why is the SEC attacking crypto? ›

    The Securities and Exchange Commission charged Coinbase, Inc. with operating its crypto asset trading platform as an unregistered national securities exchange, broker, and clearing agency. The SEC also charged Coinbase for failing to register the offer and sale of its crypto asset staking-as-a-service program.

    Do crypto exchanges report to the IRS? ›

    If you have more than $20,000 in proceeds and at least 200 transactions in cryptocurrency in a given tax year, you should receive a form 1099-K reflecting your proceeds for each month. Exchanges are required to create these forms for users who meet these criteria. A copy of this form is sent directly to the IRS.

    Who is trying to regulate crypto? ›

    The International Organization of Securities Commissions has also laid out its 18 recommendations for global rules on managing crypto and digital assets. The World Economic Forum's Pathways to the Regulation of Crypto-Assets details key regulatory developments over the past few years.

    What does regulation mean for crypto? ›

    Cryptocurrency regulations across jurisdictions can range from detailed rules designed to support blockchain users to outright bans on the trading or use of cryptocurrencies. Digital asset regulations may address how digital money is created, bought, sold, and traded.

    What are the regulatory risks of crypto? ›

    Regulators are focused on consumer and investor protections across a broad array of risks such as fraud, cyber security, data privacy, misconduct, settlement, liquidity, market integrity, market volatility, transparency, and money laundering/terrorist financing.

    Does crypto need more regulation? ›

    It sees a need for greater consistency on the regulation and oversight of crypto assets activities given the cross-border nature of the markets, which creates “significant risk of harm” for investors.

    Will regulation change cryptocurrency protocols? ›

    It is found that regulations are likely to induce protocol changes by interfering with the operators' choices. Regulation may induce the development of regulatory-compliant cryptocurrency protocols, but also protocols specially designed to circumvent regulation.

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