CP19/3: Guidance on Cryptoassets

Open consultation: CP19/3
23/01/2019
Consultation closes
05/04/2019
Policy Statement
Summer 2019
Summer 2019

The FCA has carried out work on cryptoassets, both as part of a broader UK Cryptoasset Taskforce and independently to achieve our objectives. This consultation paper is the next step in the FCA’s work on cryptoassets and sets out details on where different types of cryptoassets might fall in the regulatory perimeter.

Read CP19/3 (PDF)

We are consulting on Guidance for cryptoassets in order to provide regulatory clarity for market participants carrying on activities in this space. The cryptoasset market, and the underlying DLT technology, is developing quickly and participants need to be clear on where they are conducting activities that fall within the scope of the FCA’s regulatory remit and for which they require authorisation.

The final Guidance will help market participants to understand whether the cryptoassets they use are within the regulatory perimeter. This will alert market participants to pertinent issues and should help them better understand whether they need to be authorised and what rules or regulations apply to their business.

This paper sets out where tokens are likely to be:

  • Specified Investments under the Regulated Activities Order
  • Financial Instruments under the Markets in Financial Instruments Directive II
  • E-Money under the E-Money Regulations
  • captured under the Payment Services Regulations

Who this applies to

  • firms issuing or creating cryptoassets
  • firms marketing cryptoasset products and services
  • firms buying or selling cryptoassets
  • firms holding or storing cryptoassets
  • financial advisers
  • professional advisers
  • investment managers
  • recognised investment exchanges
  • consumers and consumer organisations

Next steps

This consultation has now closed. We will publish feedback and the final text of the guidance in summer 2019.