UK finalises plans for regulation of wild west crypto sector

The government’s attitude to cryptocurrency is attracting interest from investors seeking to take advantage of Gibraltar’s progressive regulatory environment. In 2022, blockchain firm Valereum announced plans to set up a cryptocurrency stock exchange in the territory, and bought a 90% stake in the Gibraltar Stock Exchange. If sanctioned by the Gibraltar Financial Services Commission, the move would pave the way for a fully-regulated exchange dealing in both fiat and digital currencies. Malta has taken a very progressive approach to cryptocurrencies, positioning itself as a global leader in crypto regulation.

While regulations are constantly evolving, there are no signs of significant additional legislation on the horizon. We suspect both the Canadian government and crypto exchanges will need time to evaluate how the most recent changes have affected the crypto landscape before considering additional legislation. As cryptocurrency usage increases, so too do cryptocurrency regulations around the world that are put in place to govern them.

«I think the real unregulated aspects [in the U.K.] are other crypto assets, especially cryptocurrencies like bitcoin or ethereum,» Patrick Gruhn, head of FTX Europe, which has been considering expanding to the U.K., said in an interview with CoinDesk. More than a trillion dollars has been wiped off the global cryptocurrency market capitalisation so far in 2022, according to CoinGecko data, as major central banks have raised interest rates, prompting investors to ditch riskier assets. Joining the Financial Conduct Authority’s (FCA) register means that has approval to offer crypto asset services and products to customers in the United Kingdom in compliance with anti-money laundering and «terrorist» financing rules.

Bitcoin and cryptocurrency taxes in the UK are different between individuals and businesses. HM Revenue & Customs acknowledges crypto’s “unique identity”, meaning that the asset class is unable to be compared to traditional investments/payments, and tax rates are applied based upon the activities/entities involved. Crypto taxes are based on the different types of assets, see ‘Cryptoassets Definitions by UK Regulators’ above. Guidance issued by the JMLSG, whilst not law, is taken into account of whether a firm has followed regulations stipulated by the FCA. Thus, cryptocurrency providers should also follow UK regulatory guidance provided by the JMLSG in compliance procedures.

In February 2020, the Virtual Currency Travel Rule came into effect in Canada, requiring all financial institutions and money services businesses (MSB) to keep a record of all cross-border cryptocurrency transactions (along with all electronic fund transfers). The House of Commons, the Parliament’s lower house, met on Tuesday for a line-by-line reading of the proposed Financial Services and Markets Bill, which broadly covers the U.K.’s post-Brexit economic strategy. The lawmakers considered a list of proposed amendments to the bill, including one put forward by parliamentarian Andrew Griffith to include crypto assets in the scope of regulated financial services in the country.

The Treasury has been in discussions with a number of firms, including the Gemini exchange and crypto trade groups, CNBC reported. Doesn’t consider crypto as a currency or commodity, and has been regulating the crypto industry in different ways. Must quickly choose how closely it replicates or diverges from MiCA,” Nicholas du Cros, head of compliance and regulatory affairs at CoinShares, a leading digital asset management firm in Europe, said in an email to CoinDesk.

cryptocurrency regulation in the UK

The FCA is concerned about an increase in investors putting money into cryptocurrencies – especially amid stock market volatility and poor savings rates – and has warned there is a risk of losing all your money. The FCA also announced in 2018 that cryptocurrency derivatives are capable of being financial instruments under the Markets in Financial Instruments Directive II (MIFID II) and must cryptocurrency regulation in the UK comply with the regulator’s rules for such products. Reuters, the news and media division of Thomson Reuters, is the world’s largest multimedia news provider, reaching billions of people worldwide every day. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world’s media organizations, industry events and directly to consumers.

Cryptoassets are now increasingly being used by criminals to move and launder the profits of various crimes including drugs, fraud, and money laundering. There is also an increased risk that cryptoassets are being exploited to raise and move funds for terrorist activities. Intervention is required to facilitate faster and more efficient processes for the seizure of cryptoassets, and to ensure that these assets can be recovered (that is, seizing and confiscating assets acquired by individuals as a result of crime).

While a timeline is still undefined, China’s central bank has been working on introducing an official digital currency for years and, in September 2021, announced that it had completed pilot tests of its e-CNY digital currency in several cities. The e-CNY token has been developed to replace cash and coins and will be accepted as payment for goods, bills, transport fares, and tolls. You can also see list of crypto businesses on temporary registrations who are still awaiting a decision on their full application.Crypto exchanges will have to follow new regulations once new financial promotion rules for high risk investments are introduced.

cryptocurrency regulation in the UK

The UK will implement, for example, directives equivalent to the EU’s Markets in Crypto-assets (MiCA) and E-Money proposals, along with various AML directives. Under plans set out by the government today (1 February), it will seek to regulate a broad suite of cryptoasset activities, consistent with its approach to traditional finance. Future Regulations
South Korea’s proposed tax on cryptocurrencies missed its original implementation date of January 2022 and has been delayed until January 2023. In addition to the tax framework, South Korea has indicated that it will continue to work to bring the industry into alignment with FATF’s anti-money laundering policies.

cryptocurrency regulation in the UK

• Holder has access to a current or prospective product or service within a discrete network or ecosystem typically provided using a DLT platform. The government’s consultation on its proposals will close on 30 April, with any responses then considered by ministers. But with the right form of regulation, others will argue, the industry could truly blossom. But I expect the consultation to be fiery, with many different groups wading into the debate about how to tame the wild beast of Bitcoin and other digital coins. Hundreds of billions of pounds were wiped from the crypto landscape and companies and people went bankrupt thanks to scandal after scandal.

  • For cost savings, you can change your plan at any time online in the “Settings & Account” section.
  • Given these characteristics, it is therefore no surprise that this technology is being exploited by criminals and terrorists alike.
  • If a firm acts within these guidelines, it will be treated as having complied with the relevant rule or requirement, but this is not binding on courts; therefore, judgments on whether a cryptoasset falls within the regulatory regime will be made on a case-by-case basis.
  • Future Regulations
    South Korea’s proposed tax on cryptocurrencies missed its original implementation date of January 2022 and has been delayed until January 2023.
  • You can also see list of crypto businesses on temporary registrations who are still awaiting a decision on their full application.Crypto exchanges will have to follow new regulations once new financial promotion rules for high risk investments are introduced.

Her Majesty’s Treasury, the ‘Exchequer’ or simply the ‘Treasury’ is a department of the Government of the United Kingdom that is in charge of all public finance policy and economic policy. The Commission has also proposed a new concept of control through the common law, intending to strike a balance between recognising the unique features of data objects while keeping the benefits of the law of possession. Control would depend on the factual ability to determine use that a person has over the data object, rather than on any legal rights they might have in relation to it.

In February 2022, following Russia’s invasion of Ukraine, the UK joined other Western countries in imposing sweeping sanctions against Vladimir Putin’s regime. In March 2022, the UK Office of Financial Sanctions Implementation (OFSI), the Financial Conduct Authority (FCA), and the Bank of England released a joint statement reminding cryptocurrency service providers of their responsibility to contribute to sanctions enforcement. This approach delivers on the original policy intention of the measure to promote innovation, enhance consumer protection and ensure that cryptoasset promotions can be held to equivalent standards as promotions of financial services products with similar risk profiles. In addition, to address industry concerns about the small number of Financial Conduct Authority (FCA) authorised cryptoasset firms who can issue their own promotions, HM Treasury is also introducing a time limited exemption.