Dostanova Diana, LL.M.’s Post

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Corporate Law | Infrastructure I Fintech | China

The new law "On Digital Assets" was signed by the President and enters into force on April 1, 2023, with the exceptions (see below). Main innovations: - #Cryptomining in Kazakhstan can be carried out only in licensed data processing centers (data centers/mining farms) through a mining pool accredited by the authorized body. - As expected, #licensing of #cryptobusiness is being introduced (according to different types of licenses for digital miners - equipment owners, and for data center owners). - Accreditation of mining pools, with the requirement for them to provide information on the income of digital miners (generated #Hashrate / mined #cryptocurrency in Kazakhstan) to government agencies for #taxation purposes. - #Cryptominers will be obliged to sell #crypto mined in Kazakhstan on #cryptoexchanges registered with the AIFC (starting from 2024 miners will be obliged to sell in Kazakhstan 50% of crypto, and from 2025 - 75%). - The authorized body (Ministry on digitalization) will keep records of the hardware used for digital mining (list of mining equipment located in Kazakhstan). - A list of types of digital assets (#tokens) that can be issued in Kazakhstan will be approved, that is, there will be specific types of property/services/assets that can be #tokenized in Kazakhstan, also, the procedure for #ICO, issuing such tokens will be adopted (requirements for a prospectus, obtaining permits for #ICO). - The procedure for #electricity quota allotment for #cryptominers will be approved. - State control in the field of digital assets is being introduced, that is, state bodies will carry out scheduled #inspections for compliance of #cryptobusiness with legal requirements. - #Cryptominers will not be able to engage in other activities other than cryptomoning, they will be prohibited to acquire stakes/shares in legal entities. - It is confirmed that the establishment and operation of #cryptoexchanges, #cryptocurrence sell are only allowed within the framework of the AIFC. It is expected that for the implementation of these provisions, relevant requirements for #cryptominers licensing and accreditation of mining pools, for recording mining equipment, issuing secured assets, and distributing the #electricity quota will be adopted. Also, there are amendments to the Tax Code: - established the procedure for determining the income from digital mining. - the fee for issuing licenses for digital mining activities (for data centers 2,000 MCI, for owners of miners - 5 MCI). In general, the law establishes clear #rules for #cryptobusiness in Kazakhstan and requirements for tracking and #taxing #cryptobusiness profitability. I assume, that it could increase the expenses of #cryptobusiness in Kazakhstan in general and have a serious impact both on small-scale #cryptominers (which can decide to leave the country), and big-scale #crypominers (which will consider whether increase their capacities in Kazakhstan, given the low bitcoin period).

New cryptobusiness regulations in Kazakstan

New cryptobusiness regulations in Kazakstan

Dostanova Diana, LL.M. on LinkedIn

Dostanova Diana, LL.M.

Corporate Law | Infrastructure I Fintech | China

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