What people are really asking
Executives want to know whether holding Bitcoin could put the company on the wrong side of a regulator, a bank or a lender. Nobody wants to be the test case.
What is true in the myth
Regulation is real, varied and changing. Some countries restrict how crypto can be used for payments. Some limit what regulated entities such as banks and funds may hold. Banks in some markets have been slow to open accounts for companies that deal in crypto. A company that ignores all this is taking an avoidable risk.
Where the myth breaks down
Most regulatory attention has been on the businesses that provide services: exchanges, custodians and brokers. In several markets, including Singapore under its payment services framework, these providers need a licence, and the rules are about how they treat customers. That is different from a rule saying an operating company may not hold the asset. The answer for each country depends on your sector, your legal structure and how you plan to buy and store it, and it can change when the law does.
Be wary of anyone who gives you a flat yes or no across Indonesia, Malaysia, Singapore, India and the Philippines. They are five different regimes. The honest answer is that your lawyer needs to confirm it for your company, in your country, for the date you act.
A checklist to take to your lawyer
- Is a company in our sector permitted to hold Bitcoin on its balance sheet?
- Which platforms and custodians are licensed to serve us locally?
- Are there reporting or tax obligations when we buy, hold or sell?
- Do our banking and lending agreements restrict this?
- Do our investors, shareholders or constitutional documents require approval?
What we do with your team
We prepare this checklist for your situation and work alongside your counsel and tax adviser. We do not give legal or tax conclusions. Our regional partners help with local context for each country.
