Hong Kong Regulator Proposes Legislation for Fiat-Referenced Stablecoins

On July 17, the Financial Services and Treasury Bureau (FSTB) and the Hong Kong Monetary Authority (HKMA) jointly announced their conclusions on the consultation process regarding the proposed regulatory framework for issuers of fiat-referenced stablecoins (FRS) in Hong Kong. These regulations will apply to stablecoin providers operating both domestically and internationally.

The Hong Kong Monetary Authority Aims to Foster a Robust Stablecoin Ecosystem

According to the press release, the HKMA plans to introduce a regulatory framework for fiat-backed stablecoin issuers.

This initiative is driven by the growing adoption of stablecoins among Hong Kong citizens, who use them for daily transactions as an alternative to the Hong Kong Dollar.

In line with the legislative proposal released on Wednesday, foreign stablecoin providers will be required to establish a physical presence in Hong Kong, maintain custody reserves in local banks in the country, and avoid paying interest to holders.

According to the Hong Kong Monetary Authority Chief Executive, Eddie Yue:

“We believe that a well-regulated environment is conducive to the sustainable and responsible development of the stablecoin ecosystem in Hong Kong.”

Meanwhile, non-Hong Kong incorporated companies that wish to obtain a license would need to set up a subsidiary in Hong Kong.

The Hong Kong Monetary Authority believes implementing these measures will enhance transparency and accountability among stablecoin providers, thereby ensuring the protection of citizens who rely on stablecoins in case of business failures or bankruptcies.

According to the Hong Kong Monetary Authority, stablecoins issued must always be fully backed by reserves held in local banks, maintaining a 1:1 backing for each token issued.

Furthermore, the authority asserts its right to license and supervise fiat-backed stablecoin issuers. This includes the ability to impose ongoing conditions on licenses and adjust regulatory parameters as necessary under the proposed legislation.

Motivating Factors Behind Hong Kong’s Regulation of Stablecoins

There has been a surge in the number of stablecoin issuers operating within the country. In response, the Hong Kong Monetary Authority is stepping in to regulate these cryptocurrencies and safeguard the financial interests of its citizens.

In February 2023, Hong Kong announced that stablecoin providers could apply for licenses and must comply with regulations to operate within the country. This decision was particularly influenced by the collapse of Terraform Labs and the algorithmic UST stablecoin in 2022.

Hong Kong has decided to introduce regulations to protect its citizens from potential financial losses with stablecoin providers in the event of a similar crisis. Despite this regulatory push, Hong Kong aims to support its economy and attract foreign stablecoin issuers to operate within its jurisdiction.

It should be noted that Hong Kong regulators are not only proposing legislation to monitor the activities of stable coin issuers in the country. It has also been taking a proactive approach to rid of unlicensed crypto firms in Hong Kong.

Earlier in July, the Hong Kong Securities and Futures Commission (SFC) added seven unlicensed crypto firms to its alert list . This development came after the May 31 deadline that the regulator gave crypto firms to register or leave the country. Crypto firms like HTX and Gate.io withdrew their applications for live

However, the withdrawal of the HTX crypto trading application, Gate.io license application, and other crypto firms have generated reactions that have resulted in Hong Kong regulators’ plan to review crypto regulations in the country.