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supervision in Thailand. In particular, it provides a licensing obligation for
digital asset business platforms that intend to operate in Thailand. Apart from
the Emergency Decree, the Thai SEC further issued a series of subordinate
regulations to supplement the Emergency Decree in detail. It should be
highlighted that these subordinate regulations also included exemptions in the
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case of utility token and stablecoins.
To conclude, stablecoins including Libra could be considered çdigital
assetsé and çvirtual currencyé under the Emergency Decree. Accordingly,
relevant businesses and participants may need to comply with all requirements
and exemptions as set by the Decree. However, to this extent, the exemptions
concerning the exempted types of businesses under the Emergency Decree
may need to be taken into account.
4.2.2 Regulating Related Businesses or Participants
In addition to the issues surrounding the legal status of virtual
currency, particularly stablecoin and Libra coin under Thai regulatory
frameworks, it is necessary to identify intermediaries or businesses that might
be subject to the regulatory regime. This is because the laws involving digital
assets are normally designed to regulate relevant businesses rather than the
underlying technology, as there can also be a lack of understanding of
fast-growing technologies by regulators.
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The exemption is specified in the notification KorTor 10/2561, KorJor 12/2561 and KorTor
11/2561 issued by the Securities and Exchange Commission. It became effective on June
16, 2018.
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