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Digital Assets: Singapore III: Regulation — PSA, SFA, FSMA/DTSP, Stablecoins, Tokenisation

Digital Assets: Singapore III: Regulation — PSA, SFA, FSMA/DTSP, Stablecoins, Tokenisation

Singapore III: Regulation — PSA, SFA, FSMA/DTSP, Stablecoins, Tokenisation — a part of the book Digital Assets Law in Singapore and Switzerland by Dr Alexander Ressos.

Singapore III: Regulation — PSA, SFA, FSMA/DTSP, Stablecoins, Tokenisation

Singapore III: Regulation — PSA, SFA, FSMA/DTSP, Stablecoins, Tokenisation: a part of the book Digital Assets Law in Singapore and Switzerland by Dr Alexander Ressos.

About the book

This part belongs to Digital Assets Law in Singapore and Switzerland by Dr Alexander Ressos, published here in full, section by section.

Singapore · Crypto

Singapore Legal Opinions on Crypto Projects

Every crypto project with a Singapore connection must be compliant. A formal Singapore legal opinion, issued by a licensed law firm and backed by its professional indemnity insurance, is how founders, investors, exchanges and banks confirm it. Read more
Singapore · Regulation

Singapore III: Regulation — PSA, SFA, FSMA/DTSP, Stablecoins, Tokenisation

Singapore regulates digital assets through three statutes that were written at different times for different purposes and that now overlap on the same business models. Read more
Singapore · Regulation

Purpose and architecture of the Act

The Payment Services Act 2019 (PSA) replaced the Payment Systems (Oversight) Act and the Money-changing and Remittance Businesses Act with a single licensing statute for payment services. Read more
Singapore · Regulation

The definition of a digital payment token

Everything in the crypto limb of the Act depends on the statutory definition of a digital payment token (DPT). Read more
Singapore · Regulation

The digital payment token service after the 2021 amendments

The original 2019 definition of a DPT service covered two activities: dealing in DPTs, meaning buying or selling DPTs in exchange for money or other DPTs, and facilitating the exchange of DPTs where… Read more
Singapore · Regulation

Standard and major payment institutions compared

The two licence classes share the same scope of permitted services but differ in volume, capital, safeguarding and ongoing cost. The table summarises the position as at 30 June 2026. Read more
Singapore · Regulation

Exemptions and the "incidental" argument

The Act exempts certain persons entirely, beginning with banks, merchant banks, finance companies and certain licensed insurers, which are exempt payment service providers under s. 13. Read more
Singapore · Regulation

The e-money and digital payment token boundary

E-money is defined in s. 2(1) of the Act as electronically stored monetary value that is denominated in or pegged to a currency, has been paid for in advance to enable payment transactions, is… Read more
Singapore · Regulation

The licensing timeline since January 2020

The Act commenced on 28 January 2020 with a grace period. Read more
Singapore · Regulation

What the licence is and what it is not

A digital payment token licence is not a separate category of licence under the Payment Services Act 2019. Read more
Singapore · Regulation

Application contents

MAS publishes the application form and a licensing guide on its website. The form for the digital payment token service is longer than for any other service. Read more
Singapore · Regulation

Base capital and financial requirements

The base capital for a standard payment institution is S$ 100,000 and for a major payment institution S$ 250,000. Read more
Singapore · Regulation

Segregation and custody of customers' tokens

The segregation regime is the single most important change to DPT regulation since the Act commenced. Read more
Singapore · Regulation

Fit and proper and the Singapore-resident management requirement

MAS applies the Guidelines on Fit and Proper Criteria to every applicant, controller, director and chief executive. Read more
Singapore · Regulation

Technology risk management

The MAS Technology Risk Management Guidelines of January 2021 are guidelines, whereas the Notice on Technology Risk Management is binding. Read more
Singapore · Regulation

Ongoing obligations after licensing

Licensing is the beginning of the compliance relationship, whose ongoing obligations are heavier than many applicants expect. Read more
Singapore · Regulation

Timelines and outcomes

MAS does not commit to a processing time for payment licence applications and states only that the time depends on the completeness of the application and the complexity of the business. Read more
Singapore · Regulation

Comparison with the Swiss route

A Swiss reader will compare the DPT licence with the Swiss alternatives. Read more
Singapore · Regulation

The policy turn of 2022

Until 2022 Singapore's approach to retail participation in crypto assets rested on disclosure. Read more
Singapore · Regulation

Who is a retail customer

The measures apply to retail customers, who are defined as persons who are neither accredited investors nor institutional investors within the meaning of the Securities and Futures Act 2001. Read more
Singapore · Regulation

The risk awareness assessment

A DPT provider must assess whether a retail customer has sufficient knowledge of the risks of DPT services before providing any such service. Read more
Singapore · Regulation

Prohibited inducements and credit

Three prohibitions follow. First, a provider may not offer any incentive, monetary or otherwise, to prospective or existing retail customers. Read more
Singapore · Regulation

Business conduct: conflicts, listing and complaints

The conduct measures go beyond retail customers and apply to the provider's whole business. Read more
Singapore · Regulation

Marketing: PS-G02 and the "public spaces" rule

The Part 2 response extended the Notice on Technology Risk Management (PSN05) to DPT service providers, with a nine-month transition from early 2024. Read more
Singapore · Regulation

Supervision and enforcement of the measures

The restriction on lending and staking of retail customers' tokens is formally part of the segregation regime in the Payment Services Regulations. Read more
Singapore · Regulation

Open questions at mid-2026

Three questions remained unsettled on 30 June 2026. The first is whether the risk awareness assessment will acquire a validity period. Read more
Singapore · Regulation

A timeline of the measures

A timeline of the measures: a section of the book. Read more
Singapore · Regulation

Consumer Access and Business Conduct Measures: the Swiss comparison

Switzerland has no retail access regime for crypto assets. Read more
Singapore · Regulation

The securities perimeter and why it comes second

The Securities and Futures Act 2001 (SFA) is the older and larger statute. Read more
Singapore · Regulation

Capital markets products

The SFA defines capital markets products in s. 2(1) as securities, units in a collective investment scheme, derivatives contracts, spot foreign exchange contracts for the purposes of leveraged… Read more
Singapore · Regulation

When a token is not a capital markets product

The Guide's case studies and the 2025 revision confirm that a token conferring only a right to use a service is outside the SFA, provided it carries no claim to profits, no debt and no pooled… Read more
Singapore · Regulation

Prospectus requirements and exemptions

An offer of securities or of units in a CIS to persons in Singapore must be made with a prospectus registered by MAS unless an exemption applies. Read more
Singapore · Regulation

Licensing of intermediaries

The SFA regulates the intermediaries around a token as well as the offer. Read more
Singapore · Regulation

Markets: approved exchanges and recognised market operators

A platform on which tokenised capital markets products are traded is operating an organised market. Read more
Singapore · Regulation

MAS case examples

The case studies in the Guide give the clearest view of MAS's reasoning. Several are summarised here in anonymised form, as they appear in the published document. Read more
Singapore · Regulation

Tokenised capital markets products and the 2025 Guide

The 2025 Guide addresses the questions that the tokenisation of conventional securities raises and that the ICO-era Guide did not. Read more
Singapore · Regulation

Comparison with Swiss prospectus and ledger-based securities law

Switzerland and Singapore reach similar outcomes on the perimeter by different roads. Read more
Singapore · Regulation

An umbrella statute with a crypto-specific Part

The Financial Services and Markets Act 2022 (FSMA) was enacted as No. 18 of 2022 and assented to on 25 April 2022. Read more
Singapore · Regulation

Who is a digital token service provider

Part 9 applies to two kinds of person. Read more
Singapore · Regulation

The "extremely limited circumstances" statement

MAS consulted on the Part 9 licensing framework in February 2022 and again on the detailed requirements in October 2024, with the second consultation closing on 4 November 2024. Read more
Singapore · Regulation

Licence conditions and ongoing requirements

For the few persons who are licensed, the regime is fully specified. Read more
Singapore · Regulation

Who had to leave or restructure

The population affected by Part 9 was larger than MAS's statements suggested. Three groups can be distinguished. Read more
Singapore · Regulation

Interaction with the Payment Services Act and the SFA

The three statutes form a hierarchy. The Payment Services Act and the SFA are the main Acts and apply to services provided in Singapore or to persons in Singapore. Read more
Singapore · Regulation

Technology-neutral powers under the FSMA

Beyond Part 9, the FSMA gives MAS powers that affect every digital asset firm it regulates. Read more
Singapore · Regulation

Penalties and enforcement

Carrying on a business of providing a digital token service without a Part 9 licence is an offence. Read more
Singapore · Regulation

Assessment

Part 9 is the clearest statement of Singapore's policy on digital assets since the 2022 collapses. The regime does not seek to attract firms. Read more
Singapore · Regulation

Why Singapore built a separate framework

A stablecoin is a token whose issuer or protocol promises that it will hold its value against a reference asset, usually a fiat currency. Singapore's interest in stablecoins is not speculative. Read more
Singapore · Regulation

The requirements

An SCS issuer must hold reserve assets whose value is at least 100 per cent of the par value of the SCS in circulation at all times. The reserve assets must consist of very low-risk instruments. Read more
Singapore · Regulation

The licensing construction

MAS implemented the framework through the Payment Services Act by creating a new regulated payment service, the "stablecoin issuance service". Read more
Singapore · Regulation

Legislative implementation and the state at 30 June 2026

The August 2023 response stated that the detailed requirements, the legislative amendments and the transitional arrangements would be published at a date to be confirmed. Read more
Singapore · Regulation

Singapore stablecoins in the market

The leading Singapore-dollar stablecoin is XSGD, issued by StraitsX, a company within the Fazz group that holds an MPI licence for e-money issuance and DPT services. Read more
Singapore · Regulation

Bank-issued tokenised deposits

The framework distinguishes an SCS from a tokenised bank deposit. Read more
Singapore · Regulation

Interaction with the e-money regime

Until the stablecoin issuance service is enacted, an SCS issuer is licensed for e-money issuance, because an SCS pegged to a currency with a redemption claim meets the definition of e-money in s.… Read more
Singapore · Regulation

Stablecoins: the Swiss comparison

Switzerland has no stablecoin statute. FINMA classifies stablecoins under existing law in its 2019 supplement to the ICO Guidelines and in Guidance 06/2024. Read more
Singapore · Regulation

Singapore's strategic bet

Singapore's regulators drew a sharp line in 2022 between crypto speculation, which they set out to contain, and the tokenisation of regulated financial assets, which they set out to lead. Read more
Singapore · Regulation

Project Guardian

MAS launched Project Guardian on 31 May 2022 as a collaborative initiative with the financial industry to test the feasibility of asset tokenisation and decentralised finance applications while… Read more
Singapore · Regulation

Global Layer One and the frameworks of November 2024

In November 2023 MAS announced Global Layer One (GL1), an initiative to develop a shared ledger infrastructure for tokenised assets that regulated financial institutions could use across borders. Read more
Singapore · Regulation

The regulatory treatment of tokenised securities

The SFA applies to a tokenised security as to the security it represents, which produces four regulatory questions for every tokenised issuance. Read more
Singapore · Regulation

The venues

Singapore has three principal regulated venues and infrastructures for tokenised securities, each with a different model. Read more
Singapore · Regulation

Tokenised deposits and wholesale CBDC

The settlement asset for tokenised securities has been the open question of the programme. A tokenised bond that settles against a conventional bank transfer loses the benefit of atomic settlement. Read more
Singapore · Regulation

The 2025–2026 roadmap

The programme's stated aim for 2025 and 2026 was commercialisation: the transition from pilots funded by participants to products offered to clients at scale. Three developments mark the period. Read more
Singapore · Regulation

Tokenisation and Market Infrastructure: the Swiss comparison

Switzerland and Singapore have taken opposite approaches to the same problem and have, so far, arrived at different market structures. Switzerland changed its private law. Read more
Singapore · Regulation

The problem that yield products present

Every yield product in the token economy rests on the same structure. A customer hands tokens to a provider. Read more
Singapore · Regulation

The retail prohibition

MAS announced in its Part 1 response of 3 July 2023 that it would restrict DPT service providers from facilitating the lending and staking of tokens by their retail customers. Read more
Singapore · Regulation

Staking for institutional and accredited customers

Staking remains available to accredited and institutional investors. The question for a provider is how the activity is classified under the Acts. Read more
Singapore · Regulation

Lending

Token lending takes two forms that regulation treats differently. In the first, the customer lends tokens to the provider, which uses them as it sees fit and promises a return. Read more
Singapore · Regulation

Yield products as collective investment schemes or structured products

The third category of yield product packages tokens into an instrument. Read more
Singapore · Regulation

The Hodlnaut and Vauld lessons

The insolvency proceedings of 2022 and 2023 are examined in Part J, Chapter V and Part N, Chapter IV. Three regulatory lessons belong here. Read more
Singapore · Regulation

Staking, Lending and Yield in Singapore: the Swiss comparison

Switzerland reached a different equilibrium through its banking law. Read more
Singapore · Regulation

Three problems at the edge of the perimeter

The three subjects of this chapter share one feature. Each presents an activity that the statutes were not written for and that the regulator must either fit into an existing category or leave alone. Read more
Singapore · Regulation

Decentralised finance

MAS has approached decentralised finance from two directions at once. Through Project Guardian it has actively tested DeFi mechanisms among regulated institutions. Read more
Singapore · Regulation

Non-fungible tokens

MAS stated its position on NFTs in a Parliamentary reply in February 2022, at the height of the NFT market. Read more
Singapore · Regulation

DAOs and the Singapore "foundation"

A decentralised autonomous organisation has no legal personality under Singapore law. It is a set of smart contracts and a group of token holders who vote on proposals. Read more
Singapore · Regulation

DeFi, NFTs and DAOs in Singapore: the Swiss comparison

Switzerland and Singapore have reached the same place on DeFi by different routes. Both ask whether an identifiable person controls the protocol and profits from it. Read more
Singapore · Regulation

The shape of the process

Chapters II, IV and V have described what each Singapore licence requires. Read more
Singapore · Regulation

Stage one: preparation and pre-application engagement

The preparation stage decides the outcome. MAS does not run a pre-application meeting as of right. Read more
Singapore · Regulation

Stage two: submission

Applications are submitted electronically through the MAS licensing portal, with the applicant's Corppass credentials, using the prescribed form for a payment institution licence and the… Read more
Singapore · Regulation

Stage three: substantive review

The substantive review is conducted by a case officer in the payments licensing team, with input from the AML, technology risk and legal functions. Read more
Singapore · Regulation

Common deficiencies

Applications stall for predictable reasons. The list below is drawn from the matters that have delayed or ended the applications I have seen. Read more
Singapore · Regulation

Stage four: the independent assessment

The independent assessment is a report by an external party, usually an audit firm or a specialist consultancy, on the adequacy of the applicant's AML/CFT framework and, for DPT applicants, of its… Read more
Singapore · Regulation

Stage five: in-principle approval

MAS grants in-principle approval (IPA) when it is satisfied with the application subject to conditions that must be met before the licence is issued. The IPA letter lists the conditions. Read more
Singapore · Regulation

Stage six: grant and post-licence obligations

On satisfaction of the IPA conditions MAS issues the licence, which specifies the licence class, the payment services covered and the conditions attached. Read more
Singapore · Regulation

The capital markets services licence and the Part 9 licence

The process for a CMS licence under the SFA follows the same stages with different content. The application form is the SFA form for the regulated activities sought. Read more
Singapore · Regulation

How a Swiss group obtains a Singapore licence

A Swiss group that holds SRO affiliation, a FinIA licence or a banking licence and wants to serve Asian customers from Singapore has a head start in three respects and a handicap in one. Read more
Singapore · Regulation

How a Singapore group obtains a Swiss licence

The reverse route is shorter at the first step and longer at the last. Read more