Activity

  • Public Info posted an update 1 year, 3 months ago

    The UK is actively developing a comprehensive regulatory framework for cryptoassets, moving away from a standalone regime to integrate them within its existing financial services regulations. This approach aims to bring cryptoasset activities under the Financial Services and Markets Act 2000 (FSMA) perimeter, similar to traditional financial assets.
    Here’s a breakdown of the draft rules and legislation:
    Key Legislation and Policy:
    * Financial Services and Markets Act 2000 (Regulated Activities and Miscellaneous Provisions) (Cryptoassets) Order 2025 (the draft legislation): Published on April 29, 2025, by the UK Government, this draft statutory instrument is a significant step towards bringing cryptoassets into the regulatory fold. It defines “qualifying cryptoassets” and “qualifying stablecoins” and classifies them as specified investments under FSMA. Crucially, it creates new regulated activities relating to these assets.
    * HM Treasury’s Proposals (October 2023 and November 2024 updates): The draft legislation implements many of HM Treasury’s earlier proposals. The core idea is to create new regulated activities that mirror those for traditional finance but apply to cryptoassets. These include activities like operating a cryptoasset trading platform and stablecoin issuance.
    * Policy Note: Alongside the draft legislation, a policy note was published explaining the intended outcomes of these provisions.
    New Regulated Activities:
    The draft legislation introduces several new regulated activities that will require firms to be authorized and supervised by the Financial Conduct Authority (FCA) if they are carried out in or to the UK. These include:
    * Issuing UK stablecoins.
    * Safeguarding qualifying cryptoassets.
    * Operating a qualifying cryptoasset trading platform (CATP).
    * Dealing in qualifying cryptoassets as principal.
    * Arranging transactions in qualifying cryptoassets.
    * Certain activities related to cryptoasset lending and staking.
    FCA’s Role and Roadmap:
    The FCA plays a central role in this new regime, tasked with developing the detailed rules and guidance. They have published a “Crypto Roadmap” outlining their planned policy publications and timelines:
    * Discussion Paper DP25/1: Regulating Cryptoasset Activities (May 2, 2025): This paper seeks feedback on various aspects of regulating cryptoasset activities, including pre- and post-trade considerations for CATPs, potential restrictions on offering cryptoasset lending and borrowing products to retail clients, and the use of credit to purchase cryptoassets. The discussion period for this paper ends on June 13, 2025.
    * Consultation Paper CP25/14: Stablecoin issuance and cryptoasset custody (May 28, 2025): The FCA has published proposed rules for firms issuing qualifying stablecoins and safeguarding qualifying cryptoassets, aiming to ensure stability, security, and accessibility. The deadline for feedback on this is July 31, 2025.
    * Consultation Paper CP25/15: A prudential regime for cryptoasset firms (May 28, 2025): This paper proposes rules to reduce the likelihood and impact of firm failures for those undertaking stablecoin issuance and cryptoasset custody activities.
    * Market Abuse and Admissions & Disclosures Regimes: Details on these will be published “in due course” following the FCA’s discussion paper (DP24/4, published December 16, 2024, seeking comments until March 14, 2025). The FCA aims to achieve similar outcomes for market abuse in crypto as in traditional finance.
    * Transitional Regime: A transitional regime will be implemented to allow existing crypto firms time to adapt to the new requirements and apply for authorization. Firms that don’t secure permissions will need to wind down operations.
    * Timeline: The FCA expects to publish all policy statements by 2026, with the full legal and regulatory framework expected to go live from Q2 2026 onwards. Firms can anticipate being able to apply for permissions from late 2025.
    Key Themes and Objectives:
    * Consumer Protection: The UK is committed to strong consumer protection, requiring cryptoasset firms to meet clear standards on transparency, consumer protection, and operational resilience. The existing financial promotions regime for cryptoassets, introduced in October 2023, remains in place.
    * Market Integrity: The regulations aim to ensure fair, orderly, transparent, and efficient trading in crypto markets, with measures being developed to address market abuse.
    * Financial Stability: The prudential regime for cryptoasset firms, particularly those involved in stablecoins and custody, seeks to mitigate risks to financial stability.
    * Innovation and Competitiveness: The UK seeks to balance regulatory oversight with supporting innovation and the competitiveness of its crypto industry. For example, the FCA recently proposed lifting the ban on offering crypto exchange-traded notes (ETNs) to retail investors.
    * Geographic Scope: The regime aims to ensure that cryptoasset firms serving UK retail customers are authorized in the UK, regardless of their physical location.
    Overall, the UK’s approach is to extend its existing regulatory framework to encompass cryptoassets, bringing them within the financial services perimeter and imposing similar standards to those in traditional finance. This marks a significant shift in how cryptoassets will be regulated in the UK.