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Understanding UK’s new crypto rules under FCA



Jai Hamid

In the contemporary realm of crypto assets, the United Kingdom has asserted its stance with a new set of regulations that kicked in on October 8.

However, this transition hasn’t been seamless; the low compliance levels are indicative of the existing confusion among crypto firms.

In a move to bridge this gap and facilitate a smoother adherence to the rules, the Financial Conduct Authority (FCA), the UK’s financial watchdog, has stepped forward with additional guidance.

The FCA, on November 2, unveiled its “finalized non-handbook guidance,” aiming to clarify the fog surrounding the new rules for crypto firms.

This move is a testament to the regulator’s commitment to ensuring that crypto firms in the UK are well-versed and compliant with the existing regulations.

Lucy Castledine, the FCA’s Director of Consumer Investments, highlighted the alignment of the new rules with those applicable to other high-risk investments, underscoring the FCA’s extensive engagement with the industry to tailor this guidance specifically for crypto firms.

Decoding the Guidance: A Step Towards Compliance

The FCA’s latest guidance is extensive, spanning 32 pages, meticulously addressing the nuances of the new rules. It’s crucial to note that this guidance doesn’t impose any new obligations on crypto firms.

Instead, it serves as a detailed elucidation of the rules, aiming to provide a clear roadmap for compliance. The document is split into two main sections; the first dives into key segments of the rules and pertinent legal documents, while the second provides comprehensive answers to questions raised during the consultation phase.

The guidance goes beyond just delineating the rules; it introduces a “secondary international competitiveness objective.” This inclusion indicates the UK’s proactive approach, not just in regulating but also in positioning itself competitively on the global crypto stage.

The FCA has displayed a supportive attitude towards the crypto industry, consistently releasing warnings, reminders, and even extending technical deadlines to January 8, 2024, emphasizing its intent to facilitate a conducive environment for crypto firms.

The Road Ahead: Navigating Through Changes

Despite these supportive measures, the path hasn’t been devoid of challenges. The introduction of the new rules prompted several market players to reconsider their presence in the UK, with some opting to exit.

This exodus, coupled with the prevailing low compliance levels, underscores the need for crypto firms to actively engage with the FCA’s guidance and align their operations accordingly.

The UK’s stance on crypto regulation has been further solidified with the implementation of the Financial Action Task Force’s Travel Rule on September 1.

This rule, aimed at combating money laundering and terrorist financing, is a clear indication of the UK’s commitment to creating a secure and transparent crypto ecosystem.

Looking ahead, legislation regulating stablecoins is on the horizon, expected to make its way into Parliament in the coming year. The UK is at a pivotal juncture in its journey towards establishing a robust framework for crypto assets.

The FCA’s additional guidance is a significant stride in clarifying the new rules, providing crypto firms with the resources needed to navigate this changing landscape.

As the UK continues to assert its position in the global crypto market, compliance and active engagement with regulatory guidelines will be paramount for firms looking to thrive in this evolving ecosystem.




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