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Pause slide

 1. Business News
 2. business
 3. blockchain
 4. Regulatory oversight required to protect Indian VDA investors amidst shift
    to P2P platforms


REGULATORY OVERSIGHT REQUIRED TO PROTECT INDIAN VDA INVESTORS AMIDST SHIFT TO
P2P PLATFORMS


REPORTEDLY, INDIA IS HOME TO VDA INVESTORS WHO BELIEVE IN THE POTENTIAL OF
BLOCKCHAIN TECHNOLOGY

July 29, 2023 12:45 IST
Follow Us

Experts believe that it's essential to address these regulatory challenges

By Krishna Sarma

The establishment of a comprehensive regulatory framework for VDAs is
imperative. This framework should strike a balance between fostering innovation
and ensuring investor protection. India has the potential to lead the way in the
global Web3 revolution. With a perfect blend of homegrown dynamic startups and
investors who passionately embrace the potential of blockchain technology, India
holds the key to unlocking immense possibilities. However, as with any emerging
industry, it requires support from the government in the form of robust
regulation. 



Denying banking and UPI services to compliant Indian exchanges is not only
unjustified but also counterproductive to the nation’s policy objectives of
protecting Indian VDA users and maintaining oversight in the ecosystem. It is
important to note that most of the Indian exchanges are compliant and employ
robust measures, such as maintaining a KYC database and utilizing software that
ensures secure and transparent trades. As these start-ups are invested in
long-term business engagement, the interests of the investors are central.
Therefore, it is crucial to grant UPI access to VDA exchanges that are
registered in India and comply with Indian laws, such as the Prevention of Money
Laundering Act (PMLA) and the Income Tax Act. This will enable Indian investors
to transact seamlessly, ensure investor protection, and prevent capital outflow
to non-compliant platforms. Unfortunately, VDA Exchanges are currently deprived
of accessing the UPI facility, a right that should rightfully be granted to
them, despite there being no official notification on this disallowance.  

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Australian banks to discontinue ‘high-risk payments’ to crypto exchanges

The decisions made in the past, such as the denial of UPI services and the
implementation of a 1% TDS in India’s Virtual Digital Assets (VDA) market, may
have faded from public discourse, but their consequences continue to
reverberate. Indian investors, seeking alternatives in the face of these
challenges, have shifted to P2P platforms, unaware of the risks that lie ahead.
While media reports often highlight instances of scams and fraudsters, putting
the entire industry in bad light, it is important to recognize that these issues
arise from investors using P2P and foreign platforms, where the regulatory
safeguards are not as stringent as in compliant Indian exchanges. It is
important to understand the gaps and create a more secure environment for Indian
investors in the VDA and Web3 industry.

India is home to millions of VDA investors who believe in the potential of
blockchain technology. Imagine India ranking among the top five countries in
terms of VDA adoption in 2022, with a staggering transaction volume of $172
billion between July 2021 and June 2022. However, after this impressive success,
a concerning shift in investor behavior has been observed since mid-2022
resulting in a noticeable decline in trading volumes in Indian exchanges.
Surprisingly, this drop does not indicate a waning interest in VDAs among
Indians, but rather suggests a migration towards peer-to-peer (P2P) platforms
and foreign exchanges. A report by ESYA highlights that approximately USD 3,852
million (~INR 32 thousand crores) worth of trade volume shifted from domestic
centralized VDA exchanges to foreign ones during February to October 2022.

What caused this shift in investor behavior? It is pertinent to note  that in
early April 2022, UPI services for crypto exchanges were disabled. UPI has been
a widely adopted payment system in India and has facilitated easy payments and
fund transfers since the pandemic. The denial of UPI services to Indian
exchanges prompted investors to explore other channels, such P2P platforms, to
engage with VDAs. While these channels do not comply with the regulatory
guardrails set for Indian exchanges, they enjoy full access to the Indian
banking system for transactions. The shift towards P2P transactions caused due
to the introduction of a 1% TDS on crypto sales by the Indian government,
driving investors to seek alternatives that may potentially help them avoid
taxation. 

The investors engaged in these P2P exchanges are probably not fully aware of the
risks they are exposed to. P2P trading platforms lack comprehensive regulatory
frameworks, leaving room for exploitation by scammers and fraudsters. While some
of these P2P platforms conduct basic KYC verifications, the overall absence of
stringent oversight poses risks. Disputes and issues that arise during
transactions are challenging to address due to the absence of a regulatory
authority. Scammers exploit the escrow system on P2P exchanges by deceiving
users and circumventing secure transfers, undermining the trust-based nature of
these platforms.

It is essential to address these regulatory challenges. Additionally,
strengthening investor education and awareness about the risks and rewards of
crypto investments is vital. It can foster a responsible and informed investor
community.

Consider the remarkable impact of the IT and ITes sector, as well as the recent
surge in fintech. These industries have played a pivotal role in propelling
India’s economy forward, generating employment opportunities for millions of
Indians. Such achievements were made possible due to the unwavering support
provided by the government. Now, as we stand in the nascent stage of another
groundbreaking chapter, the VDA and Web3 realm beckons us with equal promise and
potential. It is an opportunity to not just revolutionize internet but to
empower individuals, fuel dreams, and transform lives.

The author is founder, Corporate Law Group

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First published on: 29-07-2023 at 12:45 IST
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