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5. Concluding Remarks
It is notable that the types of digital asset businesses under existing
Thai laws and regulations are still limited and do not cover all possible types
of digital asset businesses in the market. At present, under the Emergency
Decree on Digital Asset Businesses, the types of digital asset businesses are
still limited to three main types, namely exchange, brokerage and dealer
businesses. In addition, the exemptions under the Notifications issued by the
Thai SEC are still limited and may need to be retrofitted in response to
emerging technologies.
With regard to Libra, it is noted that within the Thai legal and
regulatory framework, Libra may not be granted the status as a legal tender
or currency. Libra was designed to be a global low-volatility cryptocurrency
supported by blockchain technology, hence it is a type of cryptocurrency that
was defined in the Emergency Decree on Digital Asset Businesses.
It is also important to highlight that the authorized reseller may be
subject to the definition of çdigital asset dealeré as specified in the Emergency
Decree. However, at present, it is worth noting that the Thai Securities and
Exchange Commission does not allow Libra to be traded as trading pairs.
In connection with the Notification KorTor 11/2561, it seems that the
Thai SEC tends to exempt businesses offering services in relation to the
purchase or sale of fiat-collateralised stablecoins from the requirements
specified in the Emergency Decree. However, to date, the Thai SEC has
only exempted businesses offering services in relation to the purchase or
sale of Thai baht-collateralised stablecoins.
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