Japan’s FSA to mandate liability reserves for crypto exchanges by 2026

Japan's FSA to mandate crypto exchanges hold liability reserves from 2026, removing cold-wallet exemption amid rising thefts and expanding rules to wallet-management firms for enhanced customer protection.

  • Japan’s financial regulator plans to require crypto exchanges to hold liability reserves for customer protection starting 2026.
  • The cold-wallet exemption allowing exchanges to avoid reserves will be removed under new rules.
  • New regulations may also cover companies offering crypto wallet-management systems due to security concerns.
  • Recent major thefts, including a 4,500 BTC breach and a $21 million hack, have intensified regulatory scrutiny.

Japan’s financial regulator, the Financial Services Agency (FSA), is preparing legislation to require cryptocurrency exchanges to maintain liability reserves. These funds would compensate customers in cases of hacks or security breaches. The legislation is expected to be presented to parliament in 2026.

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Currently, exchanges can avoid reserve requirements by storing customer assets in offline cold wallets. The new rules aim to remove this exemption and establish formal procedures to ensure customer asset returns during bankruptcies, including the involvement of court-appointed administrators. The reserve amounts will be similar to those held by traditional securities firms, which range from about $12.7 million to $255 million depending on trading volume.

This regulatory push follows several high-profile crypto thefts in Japan. In May, DMM Bitcoin lost approximately 4,500 BTC worth around $305 million after North Korean Hackers compromised an employee of Ginco, the wallet software provider contracted by DMM. In a separate incident last month, roughly $21 million in cryptocurrencies was stolen from addresses linked to SBI Crypto, part of the SBI Group. Blockchain investigators traced laundering activities to Tornado Cash, with possible North Korean involvement.

The aftermath of the 2014 collapse of Mt. Gox still influences Japan’s crypto sector, as repayments for the loss of 850,000 BTC are ongoing through October 2026.

The FSA is also considering new rules for companies providing crypto wallet-management systems. These firms may soon be required to notify regulators before offering services, reflecting concerns about outsourced software as a security vulnerability.

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Experts have noted that liability reserves may function similarly to insurance, providing added protection for users. To reduce the financial impact on exchanges, the FSA is exploring allowing insurance coverage as an alternative to holding full cash reserves. According to Musheer Ahmed, founder and managing director of Finstep Asia, the industry needs improved security comparable to traditional finance standards.

Data from Chainalysis shows that the Asia-Pacific region ranks second globally in crypto thefts, with Japan, Indonesia, and South Korea among the most affected countries.

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