Philippines Unveils Draft Cryptocurrency Regulations Framework
The Securities and Exchange Commission (SEC) of the Philippines has shared a draft of its cryptocurrency regulations framework, inviting stakeholders to provide feedback by January 18, 2025. The draft, titled “SEC Rules on Crypto-Assets Service Providers (CASP Rules),” outlines a comprehensive set of guidelines for crypto trading activities, including licensing requirements, market activities, and public offerings.
Importance of a Regulatory Framework
The SEC Philippines emphasized the need for a clear and robust regulatory framework to ensure the growth and development of the cryptocurrency sector in the country. As stated by the SEC, “The continued growth and development of new crypto asset markets, services, and business models relies on clear, proportionate, and robust regulatory frameworks, which can ensure that markets are fair, efficient, and transparent.”
CASP License Requirements
To operate in the Philippines, crypto service providers must register with the SEC and obtain a CASP license. To be eligible, firms must:
- Comply with the rules outlined in the framework
- Have at least four staff members residing in the country
- Have a stock corporation registered with the SEC
- Meet the minimum capital requirements set by the SEC
Sanctions for Non-Compliance
In the event of a registered firm violating the rules outlined in the framework, the SEC will conduct an investigation and may impose sanctions, including:
- Fines
- Cease and desist orders
- Revocation of the CASP license
Risk Mitigation Measures
To mitigate the risks of money laundering and cybersecurity threats, CASP license holders must align their systems with the National Cybersecurity Plan and undergo regular audits and review procedures.
Public Offerings
Companies planning to conduct public offerings to sell or distribute crypto assets must submit a disclosure document to the SEC, which should also be published on the firm’s website and social media platforms at least 30 days prior to the offering.
The disclosure document must include information on:
- The crypto asset offeror and issuer
- The underlying technology used
- Rights and obligations linked to the crypto asset
- Potential risks and warnings about possible loss of value
A special section of the document must also outline the prohibition of market manipulation, insider trading, and unlawful disclosure of information.
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