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The Limitation Of Crypto Assets In Banks: Basel Committee Report – Fin Tech



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Basel Committee published the final version of its second report
on the limitation of crypto assets in banks in December
20221. The first noticeable element in the report is a
categorization of crypto assets as Group 1 and Group 2.

Committee, considering this separation, acknowledges that crypto
assets within the scope of Group 2 are riskier and therefore, as a
rule, the percentage of Group 2 crypto assets should not exceed 1%
of the total assets of banks and if exceeds that rate, Committee
proposed to apply more restrictive rules of Group 2b for the
exceeding part. In addition, it is set forth that if the percentage
of Group 2 crypto assets exceeds 2%, restrictive rules of Group 2b
should be applied for whole crypto assets in banks. In any case, it
is likely that banks will be subject to severe sanctions if they
hold more than 2% of Group 2 crypto assets. In fact, this
percentage was 1% in the previous report, so it seems Basel
Committee took the comments from the sector into account that
criticized the 1% limit alleging it is too restrictive.

  1. Group 1 and Group 2 Crypto Assets
    Distinction

  1. Crypto Assets in Group 1Basel Committee classifies tokenised traditional assets
    and stablecoin under Group 1 crypto assets and considers them safer
    relatively.

    Tokenised traditional assets: These tokens
    represent the digital version of assets such as shares or real
    property. For example, TSLA.cx token represents Tesla shares and it
    has the same value as Tesla shares.

    Stablecoins: Stablecoins are crypto assets whose
    value is indexed to an external reference (This reference may be a
    currency, commodity or another financial instrument). For example,
    Tether (USDT) and USD Coin are deemed as stablecoins because their
    value is fixed to 1 USD. At this point, it is important to note
    that algorithm-based stablecoins and stablecoins that use protocols
    to maintain their value are not eligible for Group 1. Because there
    are many examples where the price balance is not protected in
    algorithm-based stablecoins2.

  1. Crypto Assets in Group 2Group 2, on the other hand, are crypto-assets other than
    crypto-assets that meet the standards in Group 1. For example,
    Bitcoin is classified under Group 2.

  2. The Rule of Bank’s Crypto Asset Exposure Not
    Exceeding 1%
    It should be noted that the limitation on banks covers
    crypto assets in Group 2. Banks can hold up to 1% of Group 2 crypto
    assets. However, if the percentage of Group 2 crypto assets is
    between 1% and 2%, then severe conditions in Group 2b are applied
    for the part exceeding 1%. For crypto assets in Group 2b, the bank
    must hold risk-based capital for at least the value of these crypto
    assets.

  3. Basel Committee Classification of Crypto Assets as
    Risky
    It is understood from Basel Committee report that crypto
    assets are seen as quite risky. For this reason, the
    above-mentioned limit has emerged. Also, for this reason, Basel
    Committee expects banks to establish an action plan that enables
    them to identify and assess the risks of crypto assets they hold.
    Apart from this, it is foreseen that banks will have a duty to
    information. Banks should inform about their crypto-related
    activities, risk policies, the amount of crypto they hold and the
    capital they allocate for it.

  4. Current Situation for Banks Operating in TurkeyBasel Committee is an international organisation
    established in Basel in order to ensure financial stability and to
    improve the quality of banking supervision3. The Central
    Bank of the Republic of Turkey represents Turkey in Basel
    Committee. Therefore, it is inevitable that the criteria above and
    the requirements recommended by Committee probably will be
    implemented in the near future for the banks operating in Turkey.
    For this reason, initiation of a compliance procedure as soon as
    possible could provide significant advantages for banks holding or
    planning to hold crypto assets.

Footnotes

1. Basel Committee Report December 2022 < https://www.bis.org/bcbs/publ/d545.pdf >
Available: 2.1.2023. Hereinafter in this paper, it will be referred
to as “Report”.

2. See: UST Price Balance could not protected and 1 UST
decreased to 0.22 USD <
https://www.aa.com.tr/tr/ekonomi/kripto-para-piyasasinin-lunayi-kurtarma-plani-ise-yaramadi/2586838
> Available: 2.1.2023

3. Basel Committee History, < https://www.bis.org/bcbs/history.htm >
Available: 2.1.2023

Originally published 6 January 2023

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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