Korea Tones Down 20% Crypto Exchange Stake Ban as Regulators Seek Governance ‘Middle Ground’

bitcoinistPublished on 2026-03-05Last updated on 2026-03-05

Abstract

South Korean regulators and the ruling party have agreed to impose a 20% ownership cap on major shareholders of cryptocurrency exchanges, following months of debate. The policy includes a three-year grace period for large platforms like Upbit and Bithumb, and up to six years for smaller exchanges. The cap, part of the broader Digital Asset Basic Act, aims to limit founder control while allowing limited exceptions for new businesses. Opposition from industry groups and some lawmakers may still affect the bill's final passage.

South Korean authorities and the ruling party agree on a 20% ownership ceiling for “major shareholders” in crypto and virtual assets exchanges, with a three‐year implementation delay.

From A Strict Proposal To Compromise

After months of friction, the Financial Services Commission (FSC) and the Democratic Party’s digital asset task force have finally converged on a 20% cap for major shareholders, the Korea Herald reports.

South Korea’s 20% cap is the culmination of a long‐running push by FSC, the top financial regulator, to curb founder control at the country’s biggest crypto exchanges. Regulators initially floated a stricter 15–20% range for major shareholders at the leading platforms, a proposal that sparked outrage and fierce opposition from the industry. The backlash was led by the Digital Asset Exchange Alliance (DAXA), a self‐regulatory body representing South Korea’s five major exchanges, including, of course, Upbit and Bithumb.

The Deal Terms

The agreement on a 20% cap and a generous grace period looks like an attempt to find middle ground and defuse tensions. The FSC and the ruling party have endorsed a three‐year grace period to enforce the major shareholder stake restriction, giving Upbit and Bithumb, which together command roughly 90% of the domestic market, some breathing room to start trimming their stakes to meet the new threshold.

Smaller exchanges that do not meet the estimated 20% market‐share bar, such as Coinone, Korbit and GOPAX, will get an even longer runway. South Korean authorities have agreed to grant them an additional three‐year grace period, giving these platforms up to six years in total to prepare for full enforcement of the cap.

Exceptions

The FSC has also carved out narrow exceptions via enforcement decree, allowing stakes of up to 34% only for new businesses, not for existing exchanges. According to The Korea Herald, this threshold appears to mirror the Commercial Act’s 33.3% veto line for general shareholders’ meetings, effectively giving qualified new investors blocking power without restoring full control

The Final Details On The Digital Asset Basic Act

The ruling party’s policy committee is expected to hammer out the final details after a closed‐door meeting with the Financial Services Commission on the morning of the 5th, according to Hankyung. The ownership cap will be folded into a broader Digital Assets Basic Act, an umbrella bill that packages a wide range of crypto policy measures, from stablecoin rules to crypto exchange‐traded funds.

However, the bill’s passage is far from guaranteed. The Korea Herald notes that not only is the opposition party pushing back, but some lawmakers also object to strict limits on major shareholder stakes, casting doubt over whether the cap will clear the National Assembly in its current form.

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Related Questions

QWhat is the new ownership cap for major shareholders in South Korean crypto exchanges, and what was the implementation delay agreed upon?

AThe new ownership cap for major shareholders in South Korean crypto exchanges is 20%, with a three-year implementation grace period.

QWhich two major South Korean crypto exchanges, which dominate the market, were given a three-year grace period to comply with the new stake limit?

AUpbit and Bithumb, which together command roughly 90% of the domestic market, were given a three-year grace period.

QHow does the grace period for smaller exchanges like Coinone and Korbit differ from that of the major ones?

ASmaller exchanges that do not meet the 20% market-share bar will be granted an additional three-year grace period, giving them up to six years in total to comply.

QWhat is the exception to the ownership cap, and what specific power does it grant to qualified new investors?

AAn exception allows stakes of up to 34% for new businesses (not existing exchanges), which mirrors the Commercial Act's 33.3% veto line, giving qualified new investors blocking power in shareholders' meetings.

QInto what larger legislative package will the ownership cap be incorporated, and what is a major obstacle to its passage?

AThe ownership cap will be folded into the broader Digital Assets Basic Act. A major obstacle to its passage is opposition from some lawmakers and the opposition party who object to the strict limits on major shareholder stakes.

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