The SC warned the public to be wary of anyone offering initial coin offerings (ICOs) and digital asset exchanges (DAX), following a rise in complaints and queries. The SC said it had noted an increase in the number of queries and complaints from the public regarding ICOs and DAX.
The SC said it has not authorised any ICOs pending the finalisation of its guidelines.
"Any offering of digital assets as well as its associated activities such as marketing or inducing others to subscribe to an ICO will require authorisation from the SC," the press release said.
This follows the coming into force of the Capital Markets and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019 (Prescription Order) in January 2019.
The SC also reminded investors to be mindful of the potential risks associated with ICOs, including:
- an ICO Regulator not having a physical presence in Malaysia would make it difficult to verify the authenticity of the ICO. Further, the recovery of invested monies may be subject to foreign laws or regulations;
- the involvement of unauthorised individuals heightens the risk and exposure to fraud, money laundering and terrorism financing;
- the ICO may be structured in such a way as to limit the legal protection and recourse for the investors against an ICO Regulator; and
- cyber security risks including hacking and stealing of online personal information.
The SC is also urging investors to be cautious when considering buying or selling digital assets through trading platforms, since even though a platform may call itself an ‘exchange,’ it does not mean the SC has authorised it.
As of 4 June 2019, the SC has registered three recognized market operators (RMOs) to establish and operate DAX in Malaysia: Luno Malaysia, SINEGY Technologies, Tokenize Technology, have been given nine months to comply with all regulatory requirements.
Apart from these three operators, no other online platforms are can establish and operate a DAX in Malaysia.
"As such, all other DAX operators are required to immediately cease all activities related to the trading of digital assets and return all monies and assets collected from investors. This also applies to operators who were under the SC’s initial transitional period list," the SC said.
Operating a DAX or launching or marketing an ICO without authorisation from the SC is an offence under securities laws, which can attract a fine or imprisonment of up to 10 years or both.