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MAS IMPLEMENTING CRYPTO CONSTRAINTS: CREDIT CARD USAGE TO PURCHASE CRYPTO

The Monetary Authority of Singapore (MAS) is set to enact a series of stringent measures to regulate digital payment token (DPT), commonly known as cryptocurrency, service providers in Singapore. These measures, designed to curb potential consumer harm, include a ban on payments via locally issued credit cards.

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Background: MAS’s Regulatory Journey

MAS initially proposed protective measures for cryptocurrency trading in October 2022, covering three key areas: Consumer access, business conduct, and technology risks. In July, the authority released the first batch of consultation responses and legislative amendments, emphasizing requirements for the segregation and custody of customers’ assets. The finalized regulations are slated for phased implementation starting mid-2024.

Prohibition of Credit Card Payments

Under the newly outlined rules, service providers are prohibited from accepting payments through locally issued credit cards. MAS justifies this restriction by highlighting the ease with which credit cards provide retail customers access to debt financing, contradicting the policy intent to restrict cryptocurrency purchases on credit. Additionally, service providers are urged to discourage retail customers from engaging in cryptocurrency speculation by refraining from offering any incentives for such trades.

Risk Mitigation for Retail Customers

MAS emphasizes that retail customers often lack a comprehensive understanding of associated risks and may not possess the financial resilience to endure significant losses typical in cryptocurrency markets. To address this, service providers must treat all customers as retail customers by default, except for institutional investors. Accredited investors, those with at least S$2 million in net personal assets, are exempted from certain rules, with crypto assets forming a limited portion of this threshold.

Business Conduct Rules for Crypto Service Providers

The regulatory framework extends to business conduct rules, obligating crypto service providers to identify, mitigate, and transparently disclose potential and actual conflicts of interest. Additionally, these providers must publish policies, procedures, and criteria governing the listing of a DPT. Establishing effective complaint-handling procedures and dispute resolution mechanisms is also mandated.

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Technology and Cyber Risk Management

In addressing the technology and cyber risk landscape, MAS requires DPT service providers to maintain high availability and recoverability of critical systems, aligning with existing standards imposed on financial institutions. This move underscores MAS’s commitment to safeguarding consumers’ interests in their interactions with cryptocurrency platforms.

Words of Caution from MAS

While the newly introduced regulations aim to protect consumers, MAS acknowledges that they cannot entirely shield individuals from the speculative and high-risk nature of cryptocurrency trading. Ms. Ho Hern Shin, MAS’ Deputy Managing Director (Financial Supervision), urges consumers to exercise vigilance and caution, especially when dealing with DPT services, and to avoid transactions with unregulated entities, including those based overseas.

Conclusion

As Singapore takes a significant step towards regulating the cryptocurrency landscape, MAS emphasizes the importance of consumer protection. These measures, though comprehensive, underscore the inherent risks associated with cryptocurrency trading. Users are advised to tread carefully, staying informed and cautious in their interactions with DPT services.

FAQs – Your Questions Answered

  1. Q: When will the new regulations be fully implemented? A: The finalized measures are set to be implemented in phases, starting from mid-2024.
  2. Q: Can retail customers still engage in cryptocurrency trading under the new rules? A: Yes, retail customers can still participate, but with restrictions on payments via locally issued credit cards and other specified measures.
  3. Q: Who is considered an accredited investor exempt from certain rules? A: An accredited investor is someone with at least S$2 million in net personal assets, with limited usage of crypto assets in this threshold.
  4. Q: What business conduct rules are imposed on crypto service providers? A: Crypto service providers must identify, mitigate, and disclose conflicts of interest, publish governing policies, and establish effective complaint-handling procedures.
  5. Q: How can consumers safeguard themselves in cryptocurrency trading? A: MAS recommends consumers remain vigilant, exercise caution, and avoid dealing with unregulated entities, including those based overseas.
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