The FCA Reclassifies Cryptoassets, But Is It Moving Away From Its Technology Neutral Approach?

 

On August 5, the Financial Conduct Authority (FCA) released final guidance on cryptoassets in a policy statement that includes feedback from their January consultation paper. It is important to note that the policy statement is of a limited scope and focuses on whether different types of cryptoassets fall within the regulatory perimeter of the Financial Services and Markets Act 2000 (FSMA) and Electronic Money Regulations 2011 (EMRs). While the policy statement does touch upon the use of cryptoassets for payment services, prospectus requirements and anti-money laundering issues, it does not provide much new guidance on these areas. Read the full Orrick-authored article here.