The latest post from our firm’s banking and commercial disputes blog, Inside Disputes, discusses causes of action that may arise from both algorithmic and traditional asset-backed stablecoins, and highlights the key litigation challenges in respect of blockchain technology.… Continue Reading
On 12 May 2022, the FCA published a new webpage regarding the two-day CryptoSprint event that it held recently which explored how cryptoassets could be regulated in the UK. Over the event, participants worked in mixed-discipline teams to explore some of the challenges facing the industry, including how the FCA can support and balance innovation … Continue Reading
On 21 April 2022, the Council of the EU published a table regarding the proposed Regulation on information accompanying transfers of funds and certain crypto-assets (recast). The table has three columns setting out the European Commission’s proposal and the European Parliament and Council mandates.… Continue Reading
Introduction On 4 April 2022, HM Treasury published a response to its earlier consultation and call for evidence on the UK regulatory approach to cryptoassets, stablecoins and distributed ledger technology (DLT) in financial markets. Through its consultation, the government proposed a staged and proportionate approach to cryptoasset regulation, which is sensitive to risks posed and … Continue Reading
On 1 April 2022, the Council of the EU published a three-column table to commence trilogues on the proposed Regulation on markets in crypto-assets (MiCA). The table shows the position adopted by the European Commission, European Parliament and the Council on MiCA.… Continue Reading
On 30 March 2022, the FCA updated its webpage concerning its role as the anti-money laundering and counter-terrorist financing supervisor of UK cryptoasset businesses under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. Specifically, the FCA has provided an update on the temporary registration regime for cryptoasset businesses … Continue Reading
On 24 March 2022, the FCA published a statement regarding the existing obligation that all FCA regulated firms have when interacting with or exposed to cryptoassets. Some areas of risks that need to be considered are: Being clear with customers – firms are responsible for identifying and managing risks relating to cryptoassets and firms must … Continue Reading
On 24 March 2022, the PRA published a Dear CEO letter it had sent to dual regulated firms concerning how the prudential framework applies to ensure that firms engaging in crypto activity manage the risks in a way that supports the firm’s safety and soundness. The PRA has issued this Dear CEO letter as it … Continue Reading
On 24 March 2022, the Bank of England (BoE) published, ‘Financial Stability in Focus: Cryptoassets and decentralised finance (DeFi)’ which sets out the Financial Policy Committee’s (FPCs) view on specific topics which relate to financial stability. The publication focuses on: the role of cryptoassets and decentralised finance in the financial system; financial stability implications of … Continue Reading
On 18 March 2022, the House of Lords (Economic Affairs Committee) published the Bank of England’s (BoE’s) and HM Treasury’s (HMT’s) response to the Lords’ Economic Affairs Committee report ‘Central bank digital currencies (CBDC): a solution in search of a problem?’ The taskforce comprising of the BoE and HM Treasury was established in 2021 to … Continue Reading
On 15 March 2022, the Financial Markets Law Committee published a letter that it had sent to HM Treasury highlighting some examples of legal uncertainty as regards the proposals in HM Treasury’s response to its 2020 consultation on cryptoasset promotions and the FCA’s consultation on strengthening financial promotion rules for high-risk investments, including cryptoassets.… Continue Reading
On 14 March 2022, the Committee on Economic and Monetary Affairs (ECON) published a press release on the European Parliament’s website regarding new rules on cryptocurrencies in the EU. The press release reports that members of European Parliament (MEPs) have agreed on draft rules concerning the supervision, consumer protection and environmental sustainability of cryptoassets, including … Continue Reading
On 16 February 2022, the Financial Stability Board (FSB) published its report, ‘Assessment of Risks to Financial Stability from Crypto-assets’. The report examines developments and associated vulnerabilities relating to three segments of crypto-asset markets which are, unbacked crypto-assets, stablecoins, and decentralised finance and crypto-asset trading platforms. The report also highlights a number of vulnerabilities associated … Continue Reading
Blockchain analytics firm Chainalysis have recently published the results of research showing that there has been a huge increase in the use of decentralised finance (DeFi) protocols to launder money over the last year. DeFi is an emerging financial technology based on secure distributed ledgers similar to those used by cryptocurrencies. In 2021, there was … Continue Reading
On 18 January 2022, HM Treasury announced that it will be bringing adverts for cryptoassets in line with other types of financial advertising by extending the financial promotion restrictions to encompass them. This will mean that adverts for cryptoassets will need to be either promoted by a firm authorised by the Financial Conduct Authority (FCA) … Continue Reading
Introduction On 18 January 2022, HM Treasury set out its response to its July 2020 consultation seeking to bring certain cryptoassets into the scope of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (FPO). The consultation set out a proposed definition for qualifying cryptoassets, to be brought into the scope of the … Continue Reading
On 13 October 2021, Sir John Cunliffe, Deputy Governor for Financial Stability at the Bank of England, gave a speech discussing the financial stability risk posed by crypto. Crypto is the underlying technology – the application of cryptographic innovation to the recording and to the transfer of the ownership of assets, often on public networks … Continue Reading
On 16 September 2021, UK Finance published ‘Navigating the path to respectability: Making sense of the financial crime risk posed by cryptoassets and how to manage it appropriately’. The paper is intended to help readers understand cryptoasset business models from crypto ATMs to exchanges, P2P sites and ICO issuance and how they can be exploited … Continue Reading
On 10 June 2021, the Basel Committee on Banking Supervision (BCBS) launched a public consultation on the prudential treatment of cryptoasset exposures by credit institutions. Following on from the BCBS’ December 2019 discussion paper where it sought stakeholders’ views on a range of issues relating to the prudential treatment of cryptoassets, the current consultation document … Continue Reading
29 April 2021 09:00 – 10:00 BST / 16:00 – 17:00 HKT 16:00 – 17:00 BST / 11:00 – 12:00 EDT As the global crypto-economy continues to grow and mature, one area stands out as a critical core capability: custody. In this webinar, members of our global financial services team will compare notes on their … Continue Reading
On 4 February 2021 the Portuguese Presidency of the Council held a first working group during its term in office to continue Member States’ discussions over the proposed regulation on markets in crypto-assets (MiCA). Two main issues on the agenda included discussion on selected issues related to asset-referenced tokens (ART) with payment purposes and those … Continue Reading
In September we published a blog setting out 10 key things that firms needed to know about the draft regulation on markets in crypto-assets (MiCA). We have since published an update on what’s been happening and as we continue our close monitoring of the key developments regarding the MiCA review, in this blog we provide … Continue Reading
On September 24, 2020 the European Commission published its long-anticipated Digital Finance package, comprising legislative proposals and non-legislative communications. One of the legislative proposals published included a draft regulation on markets in crypto-assets (MiCA). MiCA is the first European-level legislative initiative aiming to introduce a harmonized and comprehensive framework for the issuance, application and provision … Continue Reading
In September we published a blog setting out 10 key things that firms needed to know about the draft regulation on markets in crypto-assets (MiCA). In this blog we provide an update on what’s been happening. On 13 November 2020, the German Presidency of the Council hosted a meeting of a working party on financial … Continue Reading
