Article Source: Mankun Blockchain
On December 6, 2024, the Hong Kong government officially announced the stablecoin bill, marking an important moment for Hong Kong as a global digital asset hub. This long-awaited legislative initiative lays the groundwork for comprehensive regulation of fiat-pegged stablecoins (FRS) that aligns with global standards, addresses financial stability risks, and promotes innovation in the virtual asset industry.
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The proposed framework requires any individual or entity engaging in the following activities to obtain appropriate licenses from the Hong Kong Monetary Authority (HKMA):
1. Issuing FRS during operational activities in Hong Kong;
2. Issuing FRS that claims to be stable against the Hong Kong dollar during operations; or
3. Actively promote the FRS issued to the Hong Kong public.
The bill also grants the HKMA powers to oversee, investigate, and enforce compliance.
A Robust Approach to Stablecoin Regulation
The stablecoin bill is the result of extensive consultations with industry stakeholders and international best practices. It introduces key requirements for FRS issuers, including:
·Licensing: Mandatory licensing for issuers operating in Hong Kong or marketing FRS to the Hong Kong public.
·Reserve Management: Issuers must maintain high-quality, highly liquid reserves equivalent to the value of stablecoins issued.
·Capital Requirements: The minimum paid-up capital is set at HKD 25 million (approximately USD 3.2 million) or 1% of the face value of stablecoins pegged to legal tender in circulation.
·Risk Mitigation: Obligations include annual risk assessments, AML/CFT compliance, and strict redemption policies.
The bill follows the Financial Stability Board's principle of 'same activities, same risks, same regulation,' ensuring that FRS issuers meet standards similar to those of traditional financial institutions.
Comparing Jurisdictions: Global Stablecoin Regulatory Approaches
As stablecoins gain attention globally, jurisdictions have adopted various regulatory approaches. Hong Kong has joined the ranks of those taking concrete steps to regulate stablecoin issuers. Below is a comparison of key jurisdictions in regulatory progress:
Hong Kong's proposed regime stands out for its focus on single-currency and multi-currency stablecoins, as well as its inclusion of decentralized and centralized systems.
From Consultation to Legislation
The HKMA's discussion paper on crypto assets and stablecoins published in 2022, along with follow-up consultation papers in 2023 and 2024, marks the beginning of the journey towards a stablecoin bill. Recognizing the risks posed by FRS—especially the potential spillover effects between virtual assets and the traditional financial system—Hong Kong has been steadily advancing this legislation. The bill reflects feedback from global regulators and local industry stakeholders, aimed at establishing Hong Kong as a safe and innovative digital asset environment.
Currently, the HKMA regulates stored value facilities under the (Payment Systems and Stored Value Facilities Ordinance), while the Securities and Futures Commission regulates virtual asset service providers under the (Anti-Money Laundering and Counter-Terrorist Financing Ordinance). The new legislation will further supplement these frameworks, filling the regulatory gap for stablecoins.
Licensing requirements for stablecoins referencing Hong Kong's legal tender
The licensing framework under the Hong Kong Stablecoin Bill sets strict requirements for entities issuing or marketing FRS. These measures are designed to ensure financial stability, consumer protection, and compliance with anti-money laundering and counter-terrorism financing (AML/CFT) standards.
Key Licensing Standards
1. Reserve Management and Stability
·Full asset backing: Issuers must maintain reserves equal to or exceeding the value of stablecoins in circulation. Algorithmic or arbitrage stablecoins lacking reserve backing are prohibited.
·High-quality investments: Reserve assets must have liquidity, low risk, and diversification, including cash, deposits in licensed banks, government-backed securities, and similar instruments.
·Reserve Segregation: Reserves must be held in independent accounts with approved custodians and protected through trust arrangements.
2. Redemption Policy
·Issuers must guarantee the redemption of stablecoins at face value within one day under normal circumstances to ensure user liquidity.
3. Governance and Local Presence
·Issuers must be registered in Hong Kong and have offices and senior management located in Hong Kong for effective supervision by the HKMA.
4. Financial Resources and Risk Management
·The minimum capital requirement for issuers is HKD 25 million or 1% of the value of stablecoins in circulation, whichever is higher.
·Regular risk assessments, stress testing, and comprehensive liquidity management practices are mandatory to address operational and financial risks.
5. Transparency and Disclosure
·Stablecoin circulation, reserve composition, and independent audits must be regularly disclosed.
·License applications must include a white paper detailing the governance, risk, and operational framework of the stablecoin, which is available for public review.
6. AML/CFT Compliance
·Issuers must implement strict AML/CFT measures, including customer due diligence, transaction monitoring, and compliance with anti-money laundering and counter-terrorism financing regulations.
7. Business Activity Restrictions
·Issuers are prohibited from engaging in high-risk financial activities, such as lending or financial intermediation, and must seek HKMA approval for any new lines of business.
Looking Ahead
The stablecoin bill is set for its first reading in the Legislative Council on December 18, 2024, marking the next step in its journey to become law. Once implemented, Hong Kong will join the ranks of global leaders in stablecoin regulation, reinforcing its commitment to financial innovation and stability. As the global stablecoin ecosystem evolves, Hong Kong's proactive regulatory stance may serve as a model for other jurisdictions, ensuring that stablecoins fulfill their promise as safe, efficient, and inclusive financial tools.