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Consumer cryptocurrency trading should be regulated as gambling, Treasury Committee says in new report

17/5/2023

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What will be the impact on the 41 registered UK crypto asset firms? 

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The Treasury Committee today calls for consumer trading in unbacked crypto to be regulated as gambling.
In a new report, the cross-party Committee of MPs highlights that cryptocurrencies such as Bitcoin have no intrinsic value and serve no useful social purpose, while consuming large amounts of energy and being used by criminals in scams, fraud and money laundering.
  • Read the full report (HTML)
  • Read the full report (PDF)
  • Read the report summary
  • Find all publications related to this inquiry, including oral and written evidence

Unbacked cryptoassets – often called cryptocurrencies – are not supported by any underlying asset. They are the most prominent form of crypto, with Bitcoin and Ether alone accounting for two-thirds of all cryptoassets.

The Committee concludes that cryptocurrencies pose significant risks to consumers, given their price volatility and the risk of losses. Given retail trading in unbacked crypto more closely resembles gambling than a financial service, the MPs call on the Government to regulate it as such.
The Committee is also concerned that regulating consumer crypto trading as a financial service – as proposed by the Government – will create a ‘halo’ effect, leading consumers to believe this activity is safe and protected, when it is not.

Around 10 per cent of UK adults hold or have held cryptoassets, according to HM Revenue & Customs.
The MPs recognise that technologies underlying cryptoassets may bring benefits to financial services, particularly for cross-border transactions and payments in less developed countries, and call on the Government and regulators to keep pace with developments so potentially productive innovations are not unduly constrained.

Given the future benefits of crypto remain unclear, the Government should take a balanced approach to supporting the development of cryptoasset technologies and avoid spending public resources on projects without a clear, beneficial use, as appears to have been the case with its now-abandoned Royal Mint non-fungible token (NFT). It is not the Government’s role to promote particular technological innovations for their own sake.

​Chair comment

Commenting on the report, Harriett Baldwin MP, Chair of the Treasury Committee, said:
“The events of 2022 have highlighted the risks posed to consumers by the cryptoasset industry, large parts of which remain a wild west. Effective regulation is clearly needed to protect consumers from harm, as well as to support productive innovation in the UK’s financial services industry.

“However, with no intrinsic value, huge price volatility and no discernible social good, consumer trading of cryptocurrencies like Bitcoin more closely resembles gambling than a financial service, and should be regulated as such. By betting on these unbacked ‘tokens’, consumers should be aware that all their money could be lost.

The Committee is considering central bank digital currencies as a separate piece of work.

​​Summary of the report’s key conclusions and recommendations:

  • It is important that the Government and regulators strive to keep pace with developments, including by ensuring that the Financial Conduct Authority's authorisations gateway is open and effective, so that potential productive innovation in financial services is not unduly constrained (Paragraph 31).
  • While we support financial innovation where there are potential benefits, the extent of the benefits cryptoasset technologies may bring to financial services remains unclear. In the meantime, the risks posed by cryptoassets to consumers and the environment are real and present (Paragraph 36).
  • We recommend that the Government takes a balanced approach to supporting the development of cryptoasset technologies. It should seek to avoid expending public resources on supporting cryptoasset activities without a clear, beneficial use case, as appears to have been the case with the Royal Mint NFT. It is not the Government’s role to promote particular technological innovations for their own sake (Paragraph 37).
  • Regardless of the regulatory regime, their price volatility and absence of intrinsic value means that unbacked cryptoassets will inevitably pose significant risks to consumers. Furthermore, consumer speculation in unbacked cryptoassets more closely resembles gambling than it does a financial service. We are concerned that regulating retail trading and investment activity in unbacked cryptoassets as a financial service will create a ‘halo’ effect that leads consumers to believe that this activity is safer than it is, or protected when it is not (Paragraph 51).
  • We strongly recommend that the Government regulates retail trading and investment activity in unbacked cryptoassets as gambling rather than as a financial service (Paragraph 52).

​Further information

​
  • Link to inquiry page 
  • Link to Committee's home page 
Image credit: Pexels
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Tullett Prebon, MoonPay and HiddenRoad join Fintech UK's Who's Who of UK Registered Cryptoasset Map Version 6.0  Saturday 1st April 2023

1/4/2023

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Fintech UK is looking to partner with registered / regulated (or soon to be) cryptoasset firms on building out a cryptoasset section on our website.  If you are senior executive at a UK registered cryptoasset firm, please contact us here to discuss the proposed project.  Also happy to hear from senior executives at businesses which support crypto firms to support the project. See our CRYPTO page for more information

If you are are crypto firm seeking regulatory advice or director services, please contact CompliReg for assistance at the details appearing here and check out its VASP registration and other authorisation services here.

Hope you like the Map (Version 6.0)!

Don't forget to sign up to our Newsletter (we don't spam) by clicking here.  We use MailChimp, which means you can unsubscribe whenever you like.​
Welcome to the version 6.0 of Fintech UK's and CompliReg's (a leading provider of fintech consulting services to crypto asset firms) UK FCA registered Cryptoasset Firms Map.

There are now 41 registered Cryptoasset firms appearing on the Financial Conduct Authority's (FCA) website as at Saturday 31st December 2022.  Joining Version 6.0 are three new entrants - Tullett Preborn (Europe) Ltd, MoonPay (UK) Ltd and Hidden Road Partners CIV UK Ltd.    The FCA register records their registrations effective 21st November, 9th December and 20 December 2022, respectively.

As we continue to Map registered Cryptoasset firms, expect to see certain logos appear more than once as several brands will be registering several Cryptoasset firms for different purposes, such as - for example - services for (1) trading and (2) custody. An example of this is in fact Zodia.  While Zodia Markets (UK) Limited was registered on 27 July 2022, its affiliate Zodia Custody Limited was registered effective 15 July 2021.

At the time we released Version 1, there were 218 (thereabouts) unregistered cryptoasset business listed on the UK FCA's website that appear, to the FCA, to be carrying on cryptoasset activity, that are not registered with the FCA for anti-money laundering purposes.  As of today (01 April 2023), that number has decreased to 82.  


The firms thus far registered by the FCA include:

2020: Archax Ltd, Gemini Europe Ltd, Gemini Europe Services Ltd, Ziglu Limited, Digivault Limited, 

2021: Fibermode Limited, Zodia Custody Limited, Ramp Swaps Limited, Solidi Ltd, Coinpass Limited, CoinJar UK Limited, Trustology Limited, Commercial Rapid Payment Technologies Limited, Iconomi Ltd, Skrill Limited, Paysafe Financial Services Limited, Crypto Facilities Ltd, Fidelity Digital Assets LTD, Payward Limited, Galaxy Digital UK Limited, BABB Platform Ltd, BCP Technologies Limited, Zumo Financial Services Limited, Baanx.com Ltd, Bottlepay Ltd, Genesis Custody Limited, Altalix Ltd, 

2022: X Capital Group Limited, Enigma Securities Ltd, Light Technology Limited, eToro (UK) Ltd, Uphold Europe Limited, Wintermute Trading LTD, Rubicon Digital UK Limited, DRW Global Markets Ltd,  Zodia Markets (UK) Limited, Foris DAX UK Ltd (aka Crypto.com), Revolut Ltd*, 
Tullett Preborn (Europe) Ltd, MoonPay (UK) Ltd and Hidden Road Partners CIV UK Ltd.

* Revolut group still has not achieved its much talked about ambition of securing a bank authorisation in the UK.  ​

We are looking forward to seeing how many more will be registered during 2023.  Thus far, there have been no registrations in 2023.

The post accompanying Version 6 appears at:
  • ​CompliReg: https://complireg.com/blogs--insights/tullett-prebon-moonpay-and-hiddenroad-join-fintech-uks-whos-who-of-uk-registered-cryptoasset-map-version-60-saturday-1st-april-2023​
  • Linkedin: https://www.linkedin.com/posts/peteroakes_cryptoasset-cryptomap-cryptofirms-activity-7048281954894368768-VbNC?utm_source=share&utm_medium=member_desktop

​
Further Reading:

Version 1 of the Map and the Blog of 20 December 2021 - located here

Version 2 of the Map and the Blog of 18 July 2022 - located here 

Version 3 of the Map and the Blog of 28 July 2022 - located here

Version 4 of the Map and the Blog of 20 September 2022 - located here

Version 5 of the Map and the Blog of 26 September 2022 - located here

List of ​Unregistered Cryptoasset Businesses as of today - located here

Postscript - Letter issued by UK FCA on 5 April 2023 to UK and overseas cryptoasset firms on financial promotion rules - located here
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Revolut (finally) joins the UK Registered Cryptoasset Map Version 5.0  Monday 26th September 2022

26/9/2022

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Fintech UK is looking to partner with registered / regulated (or soon to be) cryptoasset firms on building out a cryptoasset section on our website.  If you are senior executive at a UK registered cryptoasset firm, please contact us here to discuss the proposed project.  Also happy to hear from senior executives at businesses which support crypto firms to support the project. See our CRYPTO page for more information

If you are are crypto firm seeking regulatory advice or director services, please contact CompliReg for assistance at the details appearing here and check out its VASP registration and other authorisation services here.

Hope you like the Map (Version 5.0)!
Don't forget to sign up to our Newsletter (we don't spam) by clicking here.  We use MailChimp, which means you can unsubscribe whenever you like.​
Welcome to the version 5.0 of Fintech UK's and CompliReg's (a leading provider of fintech consulting services to crypto asset firms) UK FCA registered Cryptoasset Firms Map.

There are now 38 registered Cryptoasset firms appearing on the Financial Conduct Authority's (FCA) website as at Tuesday 16th August 2022.  Welcome to Revolut.    The FCA register records Revolut Ltd  registration effective 26th September 2022.  Did you know that Martin Gilbert is Chairman of Revolut Ltd.  He is the Chairman of AssetCo plc which is authorised by the FCA.

Revolut has had quite a journey to be come a FCA registered cryptoasset firm.  As far as we can tell, while other smaller and less resourced crypto firms were getting through the FCA process, Revolut Ltd sat on the Temporary Permission list since at least from December 2021.  But all is well that ends well, right?



As we continue to Map registered Cryptoasset firms, expect to see certain logos appear more than once as several brands will be registering several Cryptoasset firms for different purposes, such as - for example - services for (1) trading and (2) custody. An example of this is in fact Zodia.  While Zodia Markets (UK) Limited was registered on 27 July 2022, its affiliate Zodia Custody Limited was registered effective 15 July 2021.

At the time we released Version 1, there were 218 (thereabouts) unregistered cryptoasset business listed on the UK FCA's website that appear, to the FCA, to be carrying on cryptoasset activity, that are not registered with the FCA for anti-money laundering purposes.  As of today (26 September 2022), that number is steady at 246.  


The firms thus far registered by the FCA include:

2020: Archax Ltd, Gemini Europe Ltd, Gemini Europe Services Ltd, Ziglu Limited, Digivault Limited, 

2021: Fibermode Limited, Zodia Custody Limited, Ramp Swaps Limited, Solidi Ltd, Coinpass Limited, CoinJar UK Limited, Trustology Limited, Commercial Rapid Payment Technologies Limited, Iconomi Ltd, Skrill Limited, Paysafe Financial Services Limited, Crypto Facilities Ltd, Fidelity Digital Assets LTD, Payward Limited, Galaxy Digital UK Limited, BABB Platform Ltd, BCP Technologies Limited, Zumo Financial Services Limited, Baanx.com Ltd, Bottlepay Ltd, Genesis Custody Limited, Altalix Ltd, 

2022: X Capital Group Limited, Enigma Securities Ltd, Light Technology Limited, eToro (UK) Ltd, Uphold Europe Limited, Wintermute Trading LTD, Rubicon Digital UK Limited, DRW Global Markets Ltd,  Zodia Markets (UK) Limited, Foris DAX UK Ltd (aka Crypto.com) and Revolut Ltd.

And of course the Revolut group is still pursing its much talked about bank authorisation in the UK.  ​

We are looking forward to seeing how many more will be registered before the end of the year.

The post accompanying Version 5 appears at:
  • ​CompliReg: https://complireg.com/blogs--insights/revolut-finally-joins-the-uk-registered-cryptoasset-map-version-50-monday-26th-september-2022
  • Linkedin: https://www.linkedin.com/posts/peteroakes_cryptoasset-fca-cryptoasset-activity-6980821130584412160-_63O?utm_source=share&utm_medium=member_desktop

​
Further Reading:

Version 1 of the Map and the Blog of 20 December 2021 - located here

Version 2 of the Map and the Blog of 18 July 2022 - located here 

Version 3 of the Map and the Blog of 28 July 2022 - located here

Version 4 of the Map and the Blog of 20 September 2022 - located here

List of ​Unregistered Cryptoasset Businesses as at 20 September 2022 - located here
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UK Registered Cryptoasset Map Version 4.0  Tuesday 16th August 2022

20/9/2022

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Click Image for Larger Version
Fintech UK is looking to partner with registered / regulated (or soon to be) cryptoasset firms on building out a cryptoasset section on our website.  If you are senior executive at a UK registered cryptoasset firm, please contact us here to discuss the proposed project.  Also happy to hear from senior executives at businesses which support crypto firms to support the project. See our CRYPTO page for more information

If you are are crypto firm seeking regulatory advice or director services, please contact CompliReg for assistance at the details appearing here and check out its VASP registration and other authorisation services here.

Hope you like the Map (Version 4.0)!


Don't forget to sign up to our Newsletter (we don't spam) by clicking here.  We use MailChimp, which means you can unsubscribe whenever you like.

Welcome to the fourth edition (version 4.0) of Fintech UK's and CompliReg's (a leading provider of fintech consulting services to crypto asset firms) UK FCA registered Cryptoasset Firms Map.

There are now 37 registered Cryptoasset firms appearing on the Financial Conduct Authority's (FCA) website as at Tuesday 16th August 2022.  Welcome to Crypto.com.   The FCA register records Foris DAX UK LTD (aka Crypto.com) registration effective 16th August 2022.  

We will not repeat what we said in our previous Blogs, such as Version 3.0 Blog. You can read the Version 3.0 blog here. 

As we continue to Map registered Cryptoasset firms, expect to see certain logos appear more than once as several brands will be registering several Cryptoasset firms for different purposes, such as - for example - services for (1) trading and (2) custody. An example of this is in fact Zodia.  While Zodia Markets (UK) Limited was registered on 27 July 2022, its affiliate Zodia Custody Limited was registered effective 15 July 2021.

At the time we released Version 1, there were 218 (thereabouts) unregistered cryptoasset business listed on the UK FCA's website that appear, to the FCA, to be carrying on cryptoasset activity, that are not registered with the FCA for anti-money laundering purposes.  As of today (20 September 2022), that number has decreased  to 246.  On both 18th and 28th July 2022 
the figure was 248. 

The firms thus far registered by the FCA include:

2020: Archax Ltd, Gemini Europe Ltd, Gemini Europe Services Ltd, Ziglu Limited, Digivault Limited, 

2021: Fibermode Limited, Zodia Custody Limited, Ramp Swaps Limited, Solidi Ltd, Coinpass Limited, CoinJar UK Limited, Trustology Limited, Commercial Rapid Payment Technologies Limited, Iconomi Ltd, Skrill Limited, Paysafe Financial Services Limited, Crypto Facilities Ltd, Fidelity Digital Assets LTD, Payward Limited, Galaxy Digital UK Limited, BABB Platform Ltd, BCP Technologies Limited, Zumo Financial Services Limited, Baanx.com Ltd, Bottlepay Ltd, Genesis Custody Limited, Altalix Ltd, 

2022: X Capital Group Limited, Enigma Securities Ltd, Light Technology Limited, eToro (UK) Ltd, Uphold Europe Limited, Wintermute Trading LTD, Rubicon Digital UK Limited, DRW Global Markets Ltd,  Zodia Markets (UK) Limited and Foris DAX UK Ltd (aka Crypto.com).

Revolut Ltd, as of today, is the only firm listed on the Temporary Registration list and has been on that list nine months (first listed on December 2021).  Interestingly, in addition to a cryptoasset registration, the Revolut group hasn't achieved obtaining of its much talked about bank authorisation in the UK either.  ​

We are looking forward to seeing how many more will be registered before the end of the year.

The post accompanying Version 4 appears at:
  • ​CompliReg: https://complireg.com/blogs--insights/uk-registered-cryptoasset-map-version-40-tuesday-16th-august-2022​
  • Linkedin: https://www.linkedin.com/posts/peteroakes_cryptoasset-fca-crypto-activity-6978010345650958336-dlTR?utm_source=share&utm_medium=member_desktop

Further Reading:

Version 1 of the Map and the Blog of 20 December 2021 - located here

Version 2 of the Map and the Blog of 18 July 2022 - located here 

Version 3 of the Map and the Blog of 28 July 2022 - located here

List of ​Unregistered Cryptoasset Businesses as at 20 September 2022 - located here




​
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UK Registered Cryptoasset Map Version 3.0 Thursday 28th July 2022

28/7/2022

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Fintech UK is looking to partner with registered / regulated (or soon to be) cryptoasset firms on building out a cryptoasset section on our website.  If you are senior executive at a UK registered cryptoasset firm, please contact us here to discuss the proposed project.  Also happy to hear from senior executives at businesses which support crypto firms to support the project. See our CRYPTO page for more information

If you are are crypto firm seeking regulatory advice or director services, please contact CompliReg for assistance at the details appearing here and check out its VASP registration and other authorisation services here.

Hope you like the Map (Version 3.0)!

Don't forget to sign up to our Newsletter (we don't spam) by clicking here.  We use MailChimp, which means you can unsubscribe whenever you like.
Welcome to the second edition (version 3.0) of Fintech UK's and CompliReg's (a leading provider of fintech consulting services to crypto asset firms) UK FCA registered Cryptoasset Firms Map.

There are now 36 registered Cryptoasset firms appearing on the Financial Conduct Authority's (FCA) website as at Thursday 28th July 2022.  Welcome to Zodia Markets.  The FCA register records Zodia Markets registration effective 27th July 2022.  We also took the opportunity to update Solidi's logo too.

We will not repeat what we said in our Blog on Version 2, which was released recently on Monday 18th July 2022.  You can read the Version 2 blog here. 

As we continue to Map registered Cryptoasset firms, expect to see certain logos appear more than once as several brands will be registering several Cryptoasset firms for different purposes, such as - for example - services for (1) trading and (2) custody. An example of this is in fact Zodia.  While Zodia Markets (UK) Limited was registered on 27 July 2022, its affiliate Zodia Custody Limited was registered effective 15 July 2021.

At the time we released Version 1, there were 218 (thereabouts) unregistered cryptoasset business listed on the UK FCA's website that appear, to the FCA, to be carrying on cryptoasset activity, that are not registered with the FCA for anti-money laundering purposes.  As of today, that number has remained steady at 248 since 18th July 2022..

The firms thus far registered by the FCA include:

2020: Archax Ltd, Gemini Europe Ltd, Gemini Europe Services Ltd, Ziglu Limited, Digivault Limited, 

2021: Fibermode Limited, Zodia Custody Limited, Ramp Swaps Limited, Solidi Ltd, Coinpass Limited, CoinJar UK Limited, Trustology Limited, Commercial Rapid Payment Technologies Limited, Iconomi Ltd, Skrill Limited, Paysafe Financial Services Limited, Crypto Facilities Ltd, Fidelity Digital Assets LTD, Payward Limited, Galaxy Digital UK Limited, BABB Platform Ltd, BCP Technologies Limited, Zumo Financial Services Limited, Baanx.com Ltd, Bottlepay Ltd, Genesis Custody Limited, Altalix Ltd, 

2022: X Capital Group Limited, Enigma Securities Ltd, Light Technology Limited, eToro (UK) Ltd, Uphold Europe Limited, Wintermute Trading LTD, Rubicon Digital UK Limited, DRW Global Markets Ltd and Zodia Markets (UK) Limited

Revolut Ltd, as of today, is the only firm listed on the Temporary Registration list and it was listed on December 2021 list too.  Interestingly, in addition to a cryptoasset registration, the Revolut group hasn't achieved obtaining of its much talked about bank authorisation in the UK either.  ​

We are looking forward to seeing how many more will be registered before the end of the year.

The post accompanying Version 2 appears at:
  • ​CompliReg: https://complireg.com/blogs--insights/uk-registered-cryptoasset-map-version-20-monday-18th-july-2021
  • Linkedin: https://www.linkedin.com/posts/peteroakes_fintechuk-crypto-digitalasset-activity-6954800838179491840-lCjM?utm_source=linkedin_share&utm_medium=member_desktop_web

Further Reading:

Version 1 of the Map and the Blog of 20 December 2021 - located here

Version 2 of the Map and the Blog of 18 July 2022 - located here 

List of ​Unregistered Cryptoasset Businesses as at 28 July 2022 - located here
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UK Registered Cryptoasset Map Version 2.0 Monday 18th July 2022

18/7/2022

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Fintech UK is looking to partner with registered / regulated (or soon to be) cryptoasset firms on building out a cryptoasset section on our website.  If you are senior executive at a UK registered cryptoasset firm, please contact us here to discuss the proposed project.  Also happy to hear from senior executives at businesses which support crypto firms to support the project. See our CRYPTO page for more information

If you are are crypto firm seeking regulatory advice or director services, please contact CompliReg for assistance at the details appearing here and check out its VASP registration and other authorisation services here.

Hope you like the Map (Version 2.0)!


Don't forget to sign up to our Newsletter (we don't spam) by clicking here.  We use MailChimp, which means you can unsubscribe whenever you like.
Welcome to the second edition (version 2.0) of Fintech UK's and CompliReg's (a leading provider of fintech consulting services to crypto asset firms) UK FCA registered Cryptoasset Firms Map.

There are now 35 registered Cryptoasset firms appearing on the Financial Conduct Authority's (FCA) website as at Monday 18th July 2022.

The first 5 of these firms were registered in 2020. According to the FCA's records, the first registered Cryptoasset firm was Archax on 18 August 2020.  Then in 2021, the FCA registered 22 crypto firms.  Thus far in 2022, the FCA has registered 8 crypto firms.  The most recent to be registered is DRW (7 June 2021).

As we pointed out when we released Version 1.0 of the Map, 2021 saw a flurry of activity and especially in the last quarter of 2021 when 16 firms received their Cryptoasset registration from the FCA - that was a  whopping 60% of the total pool of registered firms at that time. At the current rate, the number of firms registered in 2022 may be less than that in 2021, unless the FCA registers a large pile of crypto firms in the second half of 2022.

As we continue to Map registered Cryptoasset firms, expect to see certain logos appear more than once as several brands will be registering several Cryptoasset firms for different purposes, such as - for example - services for (1) trading and (2) custody. 

At the time we released Version 1, there were 218 (thereabouts) unregistered cryptoasset business listed on the UK FCA's website that appear, to the FCA, to be carrying on cryptoasset activity, that are not registered with the FCA for anti-money laundering purposes.  As of today, that number has increased to 248.
The firms thus far registered by the FCA include:

2020: Archax Ltd, Gemini Europe Ltd, Gemini Europe Services Ltd, Ziglu Limited, Digivault Limited, 

2021: Fibermode Limited, Zodia Custody Limited, Ramp Swaps Limited, Solidi Ltd, Coinpass Limited, CoinJar UK Limited, Trustology Limited, Commercial Rapid Payment Technologies Limited, Iconomi Ltd, Skrill Limited, Paysafe Financial Services Limited, Crypto Facilities Ltd, Fidelity Digital Assets LTD, Payward Limited, Galaxy Digital UK Limited, BABB Platform Ltd, BCP Technologies Limited, Zumo Financial Services Limited, Baanx.com Ltd, Bottlepay Ltd, Genesis Custody Limited, Altalix Ltd, 

2022: X Capital Group Limited, Enigma Securities Ltd, Light Technology Limited, eToro (UK) Ltd, Uphold Europe Limited, Wintermute Trading LTD, Rubicon Digital UK Limited and  DRW Global Markets Ltd

When we released Version 1 we noted that there were 37 firms Cryptoasset firms with Temporary Registration.  You will see 39 on the previous list, but two of those firms were in fact registered - thus there seemed to be a timing issue of the records at the FCA. Regardless, some of the 37 achieved FCA registration in 2022 and others have dropped of the current list.  Revolut Ltd, as of today, is the only firm listed on the Temporary Registration list and it was listed on December 2021 list too.  Interestingly, in addition to a cryptoasset registration, the Revolut group hasn't achieved the obtaining of its much talked about bank authorisation in the UK either.  ​
We are looking forward to seeing how many more will be registered before the end of the year.
This post also appears at:
  • ​CompliReg: https://complireg.com/blogs--insights/uk-registered-cryptoasset-map-version-20-monday-18th-july-2021
  • Linkedin: https://www.linkedin.com/posts/peteroakes_fintechuk-crypto-digitalasset-activity-6954800838179491840-lCjM?utm_source=linkedin_share&utm_medium=member_desktop_web
Version 1 of the Map and the Blog of 20 December 2021 - located here
List of ​Unregistered Cryptoasset Businesses as at 18 July 2022 - located here
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Agreement Reached on European crypto-assets regulation (MiCA)

1/7/2022

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By Peter Oakes, Founder of Fintech UK
Don't forget to subscribe to our Newsletter and visit our Crypto & Digital Asset page for information.
 
Background:
  • MiCA is part of the larger digital finance package, which contains a digital finance strategy, a Digital Operational Resilience Act (DORA) – that will cover CASPs - and a proposal on distributed ledger technology (DLT) pilot regime for wholesale uses.
  • MiCA is intended to bridge a gap in existing EU legislation:
    • ensuring that the current legal framework does not pose obstacles to the use of new digital financial instruments.
    • ensuring that such new technologies and products fall within the scope of financial regulation and operational risk management arrangements of firms active in the EU.
    • ensuring the supporting of innovation and uptake of new financial technologies.
    • providing an appropriate level of consumer and investor protection.

Timeline:
  • 24 September 2020: European Commission came forward with the MiCA proposal
  • 24 November 2021: The Council adopted its negotiating mandate on MiCA
  • 31 March 2022: Trilogues between the co-legislators commenced
  • 30 June 2022: Provisional agreement reached.
  • Next Steps: The Provisional agreement must now be approved first by the Economic and Monetary Affairs Committee  followed by a plenary vote of the European Union Parliament and the Council of the European Union Council also has to approve the deal, before the MiCA Regulation can come into force.
  • Early 2024: It is expected that MiCA should be implemented by early 2024.
 
What:
  • The EU brings crypto-assets, crypto-assets issuers and crypto-asset service providers to come under a single EU regulatory framework for the first time.
  • On Thursday, 30 June 2022, the Economic and Monetary Affairs Committee negotiators for the European Parliament struck a provisional political agreement with the European Union Council on new rules on crypto-assets. 
Scope:
  • issuers of unbacked crypto-assets (this means that Central Bank Digital Currencies are not in scope),
  • stablecoins
  • trading venues where crypto-assets are held
  • wallets where crypto-assets are held.
  • non-fungible tokens (NFTs) i. e. digital assets representing real objects like art, music and videos, are excluded from MiCA except if they fall under existing crypto-asset categories.
Why:
  • Regulatory Framework: MiCA designed to protect investors and preserve financial stability.
  • Legal Certainty: Pan-EU wide definitions, legal provisions and authorisation standards not only serve the Regulatory Framework, but provide enhanced legal certainty for issuers, holders, users, regulators and government agencies.
  • Innovation: MiCA designed to provide for innovation and fostering attractiveness of the EU crypto-asset sector.
  • Uniformity: MiCA designed to bring more clarity (and hopefully remove any possible regulatory arbitrage going forward) and uniformity of approach to crypto assets in the EU.  Particularly important as some member states have national legislation for crypto-assets but without a specific regulatory framework at EU level, the EU risk fragmentation and arbitrage.
  • Consumer & Investor Protection: An urgent need for an EU-wide regulation has arisen because of recent developments (such as the crypto-crash / ‘crypto winter’).  MiCA aims to better protect Europeans who have invested in crypto-assets and prevent their misuse. Like all regulations, MiCA will protect consumers against some, but not all, of the risks associated with investing and help them avoid fraudulent schemes.
  • Reputation: MiCA aims at putting to an end to the crypto wild west.
  • Standard Setting: MiCA will confirm the EU’s role as a standard-setter for digital asset innovation in a pan-EU regulatory environment.

Consumer Protection:
  • Currently, consumers have very limited rights to protection or redress, especially if the transactions take place outside the EU. With the new rules, crypto-asset service providers will have to respect strong requirements to protect consumers wallets and become liable in case they lose investors’ crypto-assets. MiCA will also cover any type of market abuse related to any type of transaction or service, notably for market manipulation and insider dealing.

ESG:
  • Actors in the crypto-assets market will be required to declare information on their environmental and climate footprint. The European Securities and Markets Authority (ESMA) will develop draft regulatory technical standards on the content, methodologies and presentation of information related to principal adverse environmental and climate-related impact. Within two years, the European Commission will have to provide a report on the environmental impact of crypto-assets and the introduction of mandatory minimum sustainability standards for consensus mechanisms, including the proof-of-work.

Financial Crime:
  • Crypto-assets will be covered by EU updated anti-money laundering (AML), legislation.  MiCA will not duplicate the anti-money laundering provisions as set out in the newly updated transfer of funds rules agreed on 29 June 2022. 
  • This means that the ‘travel rule’.i.e. the rules on information accompanying the transfers of funds will be extended to transfers of crypto assets.  The EU is adamant about meeting the international standards on the exchange of crypto-assets, in particular recommendations 15 and 16 of the Financial Action Task Force (FATF), the global money laundering and terrorist financing watchdog.  Read the FATF’s release on 29 June 2022 ‘Targeted Update on Implementation of FATF’s Standards on VAs and VASPs.’ For further information.
  • The European Banking Authority (EBA) will be tasked with maintaining a public register of non-compliant crypto-asset service providers.
  • Crypto-asset service providers (CASPs), whose parent company is located in countries listed on the EU list of third countries considered at high risk for anti-money laundering activities, as well as on the EU list of non-cooperative jurisdictions for tax purposes, will be required to implement enhanced checks in line with the EU AML framework.
  • Tougher requirements may also be applied to shareholders and to the management of the CASPs), notably with regard to their localisation.

StableCoins:
  • A strong regulatory framework will apply to stablecoins to protect consumers.  The EU feels that this should be self-evident given the recent crystallising of risks incurred by holders in the absence of regulation, as well as the contagion impact stablecoins have on other crypto-assets.
  • Stablecoins issuers must:
  1. build up a sufficiently liquid reserve
  2. apply a 1/1 ratio and partly in the form of deposits. 
  3. provide every “stablecoin” holder with a claim at any time and free of charge by the issuer
  4. ensure that the rules governing the operation of the reserve provides provide for an adequate minimum liquidity.
  • Stablecoins will be supervised by the EBA, with a presence of the issuer in the EU being a precondition for any issuance.

Asset-Referenced Tokens:
  • Asset-referenced tokens (ARTs) based on a non-European currency used as a means of payment will be constrained to preserve the EU’s monetary sovereignty. Issuers of ARTs will need to have a registered office in the EU to ensure the proper supervision and monitoring of offers to the public of asset-referenced tokens.

Non-Fungible Tokens:
  • Non-fungible tokens (NFTs), i. e. digital assets representing real objects like art, music and videos, are excluded from the scope except if they fall under existing crypto-asset categories. Within 18 months the European Commission will be tasked to prepare a comprehensive assessment and, if deemed necessary, a specific, proportionate and horizontal legislative proposal to create a regime for NFTs and address the emerging risks of such new market.

Regulatory Framework:
  • CASPs will require an authorisation to operate within the EU.
  • Regulators (i.e. national authorities) required to issue authorisations within three months.
  • Regarding the largest CASPs, national authorities will transmit relevant information regularly to the European Securities and Markets Authority (ESMA).

Next steps:
  • The Provisional agreement must now be approved first by the Economic and Monetary Affairs Committee  followed by a plenary vote of the European Union Parliament and the Council of the European Union Council also has to approve the deal, before the MiCA Regulation can come into force. See more here.
  • It is expected that MiCA should be implemented by early 2024.

Further reading:
  • 30 June 2022 Digital finance: agreement reached on European crypto-assets regulation (MiCA)
  • 29 June 2022 Anti-money laundering: Provisional agreement reached on transparency of crypto asset transfers
  • 29 June 2022 Targeted Update on Implementation of FATF’s Standards on VAs and VASPs
  • 24 November 2021 Digital finance package: Council reaches agreement on MiCA and DORA
  • 24 November 2020 Commission proposal for a Regulation on Markets in Crypto-assets
  • Digital finance (background information)
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UK Registered Cryptoasset Map Version 1.0 Monday 20th December 2021

20/12/2021

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​UK Registered Cryptoasset Map Version 1.0
Monday 20th December 2021

Welcome to the first edition (version 1) of Fintech UK's and CompliReg's (a leading provider of fintech consulting services to crypto asset firms) registered Cryptoasset Firms.

There are 27 UK registered Cryptoasset firms appearing on the UK's Financial Conduct Authority's (FCA) website as at Monday 20th December 2021.

The first of these firms were registered in 2020.  According to the UK FCA's records, the first registered Cryptoasset firm was Archax on 18 August 2020.  The most recent to be registered is Altalix (today!).  While four (4) firms were registered in 2020, 2021 has seen a flurry of activity and especially in the last quarter of 2021 when 16 firms (so far) received their Cryptoasset registration from the FCA - that is whopping 60% of the total pool of registered firms.  We are looking forward to seeing how many more will be registered before the end of the year.

As we continue to Map registered Cryptoasset firms, expect to see certain logos appear more than once as several brands will be registering several Cryptoasset firms for different purposes, such as - for example - services for (1) trading and (2) custody. 

According to other records at the FCA, there are 37 firms Cryptoasset firms with Temporary Registration.  Following a quick look through that list, it seems that some of those firms may now appear on the list of registered Cryptoasset firms - so the FCA may need to revisit both lists to check there is no double counting. 

Worryingly, there are 218 (thereabouts) unregistered cryptoasset business listed on the UK FCA's website that appear, to the FCA, to be carrying on cryptoasset activity, that are not registered with the FCA for anti-money laundering purposes.  And that is not a complete list of all unregistered cryptoasset businesses operating in the UK.

Fintech UK is looking to partner with registered / regulated (or soon to be) cryptoasset firms on building out a cryptoasset section on our website.  If you are senior executive at a UK registered cryptoasset firm, please contact us here to discuss the proposed project.  Also happy to hear from senior executives at business which support crypto firms on the proposed project. Note that a search on the words "Fintech UK" on google returns our website as the #1 or #2 organic search result.  A compelling reason to partner with us.

If you are are crypto firm seeking regulatory advice or director services, please contact CompliReg for assistance at the details appearing here and check out its VASP registration and other authorisation services here.

Hope you like the Map!

This post also appears at:
  • ​https://complireg.com/blogs--insights/uk-registered-cryptoasset-map-by-fintech-uk-complireg-v10
  • https://www.linkedin.com/posts/peteroakes_cryptoasset-cryptoasset-moneylaundering-activity-6878800276321554433-SZpd 
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NEWS: Cryptoasset Promotions - UK Government Consultation on Promotion

27/7/2020

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​Cryptoasset promotions Consultation

​The UK government is consulting on a proposal to bring certain cryptoassets into the scope of financial promotions regulations.

FintechUK intends to provide a response.  If you would like to join our industry response, please contact us at [email protected] with your full contact details.  We'll be in touch on a plan for the response.  This consultation closes at 12:15am on 26 October 2020.

We'll use the definition in the Consultation Paper as a baseline for the response, however as definitions are key to everything, responses on the definition are very welcome:

"There is no single, widely-agreed definition of a cryptoasset. Broadly, a cryptoasset is a cryptographically secured digital representation of value or contractual rights that uses some type of distributed ledger technology (DLT) and can be transferred, stored or traded electronically. This is the approach taken to defining cryptoassets for the purposes of the UK’s Money Laundering and Terrorist Financing regulations ,and is the basis of a definition developed below. Examples of cryptoassets include Bitcoin and Ethereum. The market is constantly evolving, with new and different cryptoassets being developed."


Documents
Cryptoasset promotions: consultation PDF, 246KB, 27 pages
Consultation responses on Cryptoasset promotions: form Word Document

Further Reading: https://www.gov.uk/government/consultations/cryptoasset-promotions
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    Fintech UK and Peter Oakes

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