Compliance
Singapore Watchdog Follows In US Counterpart's Footsteps To Regulate ICOs
![Singapore Watchdog Follows In US Counterpart's Footsteps To Regulate ICOs](http://www.wealthbriefing.com/cms/images/app/GENERAL/bitcoin%20logo.jpeg)
Although this article focuses on the Monetary Authority of Singapore, the issues surrounding Initial Coin Offerings are global.
Singapore's central bank and regulator has weighed in on the
issuance of digital tokens known as Initial Coin Offerings,
saying that some will come into its scope as certain types of
tokens will be subject to securities regulations.
The Monetary
Authority of Singapore said yesterday that it will regulate
offers or issues of digital tokens in Singapore if they fit the
criteria for products regulated under the Securities and Futures
Act.
Like most jurisdictions, the MAS does not regulate
crypto-currencies, such as bitcoin. However, the regulator said
it had “observed that the function of digital tokens has evolved
beyond just being a virtual currency”. As a result, digital
tokens may represent ownership or a security interest over an
issuer's assets or property, the MAS says.
“Such tokens may therefore be considered an offer of shares or
units in a collective investment scheme,” the MAS said. They may
also represent a debt owed by an issuer and be considered a
debenture under the Securities and Futures Act, it added.
In cases where digital tokens are considered equivalent to
securities, their issuers would be required to lodge and register
a prospectus with the MAS prior to an initial offering, unless
exempted. Issuers and intermediaries would also be subject to the
MAS' licensing requirements.
The regulator's announcement chimes with a statement made last
week by Wall Street's main watchdog, the Securities
and Exchange Commission, which said that tokens could be
considered securities, and consequently may need to be registered
unless a valid exemption applies.
Richard Howlett, a founding partner of Selachii law firm who
specialises in crypto-currencies and blockchain,
welcomed the idea of regulating ICOs.
“The industry needs regulating to grow, as it currently suffers
from a reputation akin to the Wild West,” he told this
publication. “The current situation with no regulation confuses
genuine investors as to what is or is not a genuine ICO. No
serious, large-scale investor would really consider an ICO a safe
investment.”
ICOs have gained momentum in recent years as digital currency
entrepreneurs increasingly use them to raise millions quickly by
creating and selling digital tokens with no regulatory oversight.
It has been said that because many tokens are listed and traded
on crypto-currency exchanges, large holders could gain more
price-controlling powers. Some ICOs have faced criticism as they
failed to accurately disclose token distribution, such as what
proportion of tokens would be held by founders.
The MAS said that ICOs are “vulnerable to money laundering and
terrorist finance due to the anonymous nature of the
transactions”, adding that it had noted a rise in the number of
ICOs in Singapore as of late.
“With all ICOs, the main risk in my opinion is ‘pump and dump’,”
Howlett said. A pump and dump, he explained, is when investors
collectively orchestrate a mass buying of a new crypto-currency,
which drives the price up to “sometimes well over 500 per cent”,
and then sell their holdings.
“With regulation, this would be illegal,” Howlett said.
By mid-July this year, technology firms had raised around $1.1
billion through 89 coin sales, roughly 10 times more than that in
the whole of 2016, according to Reuters. There are 110
upcoming ICOs still to come this year, according to tokendat.io,
an online token sales tracker.
Those who favour deregulation and decentralisation might suggest
that rolling out regulatory red tape could drive down the number
of ICOs because of additional costs and compliance burden on
firms.
But for Howlett, the juice would still be worth the squeeze.
“It will also encourage genuine, large investors into the ICO
market once they have the safety net of regulation,” he said. “If
a token is [classed as] a security, then investors are more
willing to invest. At some point, people will realise that ICOs
are indeed an amazing investment opportunity but with massive
risks. If the risk is reduced, then the potential returns may
also be reduced. But they could become a serious alternative to
trading shares on the stock market.”