Legal Risk Involved with Starting a Crypto Exchange In India and How to Avoid Them.

in cryptoexchange •  3 years ago 

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Wealthy rewards are often great risks and are very similar to the volatile cryptocurrency market. Uncertainty has created a new era of cryptocurrency trading in the cryptocurrency trade of the general public and large institutional investors at the national level in 2020. Last year, the Supreme Court overturned the investment of more than 10 million Indians in digitalization, flexible regulatory frameworks, and restrictions on banks dealing with crypto-based companies. Many of the world's leading global crypto exchanges are actively researching the Indian crypto market, which has seen a steady increase daily. Nick's trading volume over the past year because of the decline in prices. As cryptocurrency worries continue, there are many new crypto exchanges in the country that enable purchasing, sales, and commerce by implementing consumer-friendly applications. Wazirx is India’s largest cryptocurrency trading platform. It has doubled its affiliation from one million to two million between January and March 2021.

What is the biggest crypto exchange in the world of driving to the Indian market?

In 2019, the world's largest cryptocurrency exchange by trade volume. Binance acquired the Indian trading platform Wazirax. In India, Crypto and Blockchain start-ups have attracted $ 99.7 million in investment by June 15, 2021.

Despite India's ambiguous policies, global digital investors are betting heavily on the country's digital currency ecosystem for a variety of reasons.

Tech-wise Indian population

The main population of 1.39 billion is young people (average age between 28 and 29 years) and tech-savvy. While the older P generation still prefers to invest in gold, real estate, patents, or equities, newcomers are embracing more risky cryptocurrency exchanges because they are more conducive to them. India ranks eleventh in Chanelis's 2020 report list for global adoption of cryptocurrencies, reflecting enthusiasm for crypto among the Indian population. Neither the government’s low-friendly attitude towards crypto nor the rumors circulating cryptocurrencies have been able to shake young people’s confidence in the digital currency market. Entrepreneurs have been fascinated by this digital currency for financial stability.

India offers the cheapest internet in the world where one gigabyte of mobile data is around $ 0.26 while the world average is $ 8.53. As a result, nearly half a billion users are taking advantage of affordable Internet use, which is boosting India's ability to become the world's largest crypto economy. According to the same web, the pay-to-be bitcoin trading platform is the second-largest source of country web traffic for Paxful. Cryptocurrency is on the rise in the country as the mainstream economy struggles with "epidemic influences" and provides a new and fast way to earn money for the younger generation in the country.

In India, cryptocurrencies, including Bitcoin, are gaining popularity in the country as they do not have a full legal framework for cryptocurrencies. Through a circular in 2018, the RBI advised all regulated entities not to trade in virtual currency or to provide services to facilitate the settlement of any person or entity. However, on March 4, 2020, the Supreme Court set aside the RBI circular. From that day on, cryptocurrency investment was one of the options. But there are fears the government could now legally ban virtual currency transactions. Officially, the government does not accept cryptocurrencies as legal tender. Responding to a question in the Rajya Sabha, Finance Minister Nirmala Sitharaman said, “The government does not consider cryptocurrency legal tender or currency and will take all steps to eliminate its use.

Bitcoin is a new alternative asset class, according to Wazirax, CEO Nishal Shetty. It has been around for almost a decade and has endured two world-class global democratization. “Like gold, cryptocurrencies are seen as a hedge against the protection of fit portfolios, and their value remains inflationary. Usually, shareholders used gold to hedge against stock volatility. But in the present time, crypto is gradually emerging as a major stream of investment. "Buying Bitcoin is completely legal in India, and there is no law prohibiting Indians from buying/selling cryptocurrencies in India Shetty told FE Online. Indeed, buying cryptocurrencies in India is not illegal. However, there is no legal guarantee of the amount of security invested as a regular investment approach.

Legal Aspects-

Cryptocurrencies are not a legal tender in India. While the exchange is legal in India due to the absence of a robust regulatory framework, a long licensing process makes it difficult to work for some cryptocurrency services and innovative technologies. Although there is currently no clarity on the tax status of cryptocurrencies, the chairman of the Tax Board directly said that those who benefit from Bitcoin will have to pay taxes on them. Other income tax sources said that cryptocurrency profits should be taxed as capital gains.

In India, cryptocurrency exchange rules have become more stringent. While technically legal, in 2018 the Reserve Bank of India (RBI) banned banks and any regulated financial institution from "virtual currency trading or settlement". On January 14, 2018, the RBI confirmed that it had not given any license or authority to any entity or company to run the scheme or deal, but warned against virtual currency transactions and urged companies to open or resign. "It simply came to our notice then. The swap rules prohibit cryptocurrency trading in domestic exchanges and stop existing exchanges until July 6, 2018. In 2020, an important decision of the Supreme Court allowed the ban to be overturned, unconstitutional, and overturned.

While there were some indications in 2017 and 2018, India was considering less restrictive cryptocurrency regulations, with recent reports suggesting a change. In July 2019, an interim committee recommended banning blankets on cryptocurrency in addition to a proposed government digital currency. The leaked draft bill recommends jail time for those who "use, mine, produce, hold, sell, trade, issue, transfer, dump or otherwise use cryptocurrencies in India." Although the bill did not pass in Parliament, India's hatred for cryptocurrency continues and the government is preparing a new bill to curb cryptocurrency trading by the end of 2020. While the regulator has taken a hard line on cryptocurrency, the Indian government has said it is open to exploring the possibility of blockchain technology to boost its financial services industry.

About the Author

Adv.P.M.Mishra is a lawyer working as Managing Partner of Finlaw Associate, Director at Finlaw Consultancy Pvt.Ltd., India, Finjuris Counsels LLC, UAE & BCH Consulting, Estonia, Europe.

You can check about them on these websites

https://www.finlaw.in/

http://www.finjuris.ae/

https://www.bchconsulting.eu/

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