Breaking: FCA Warns of ICOs, Focusing on Firms Engaging in Regulated Activities | Finance Magnates (2024)

The UK’s Financial Conduct Authority (FCA) has just warned investors against the speculative risks inherent with initial coin offerings (ICOs). The announcement comes less than a week after the regulator promised to maintain close scrutiny on ICOs, amidst industry growth in token-based fundraising activities.

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The FCA said: "Businesses involved in an ICO should carefully consider if their activities could mean they are arranging, dealing or advising on regulated financial investments.

Each promoter needs to consider whether their activities amount to regulated activities under the relevant law. In addition, digital currency exchanges that facilitate the exchange of certain tokens should consider if they need to be authorised by the FCA to be able to deliver their services."

The announcement is noteworthy as it reflects a more concrete stance from one of the industry’s paramount regulatory authorities. Authorities in China and elsewhere have gone even further, banning ICOs outright in a bid to rein in token crowd sale efforts.

‘High risk’ ventures

Earlier this year, the FCA issued a discussion paper outlining its concerns over the risks posed by Cryptocurrencies on market integrity, consumer protection, competition and risk management measures. The regulator also noted that it may separately regulate some aspects of Blockchain technology that fall outside existing financial services rules.

Breaking: FCA Warns of ICOs, Focusing on Firms Engaging in Regulated Activities | Finance Magnates (1)

While a relatively new funding mechanism, ICOs have become all the rage across the industry as businesses look to fund their respective ventures. Typically, ICO issuers accept popular cryptocurrencies such as Bitcoin or Ethereum in exchange for a proprietary ‘coin’ or ‘token’ that is dedicated to a specific firm or project.

Most common is a promise and pledge to acquire a small share of the firm conducting the ICO – in many cases this takes the form of a prepayment voucher for future services, or in some cases offers no discernible value at all. The FCA views this practice as highly speculative, carrying exorbitant levels of risk for investors.

Consequently, the regulator cautions investors against engaging in ICO or token sales given the aforementioned risks. It says that only experienced investors that are familiar with a given project should engage.

Most critically, the vast majority of ICOs are not regulated by the FCA or any other regulatory authority. This blind spot creates the potential for abuse and fraudulent activity given that these sales operate outside the influence of authorities. There is very limited investor protection in the UK relating to them, meaning that you are likely not entitled to protections under the Financial Services Compensation Scheme (FSCS).

The prospect of high price volatility is also problematic, and can result in the loss of your entire investment. Coupled with this is vulnerability for fraud. While ICO white papers outline the conditions of token sales, the probability of misleading or outright false statements remains extremely high and should not be relied upon via unregulated groups.

The UK’s Financial Conduct Authority (FCA) has just warned investors against the speculative risks inherent with initial coin offerings (ICOs). The announcement comes less than a week after the regulator promised to maintain close scrutiny on ICOs, amidst industry growth in token-based fundraising activities.

Register now to the London Summit 2017, Europe’s largest gathering of top-tier retail brokers and institutional FX investors

The FCA said: "Businesses involved in an ICO should carefully consider if their activities could mean they are arranging, dealing or advising on regulated financial investments.

Each promoter needs to consider whether their activities amount to regulated activities under the relevant law. In addition, digital currency exchanges that facilitate the exchange of certain tokens should consider if they need to be authorised by the FCA to be able to deliver their services."

The announcement is noteworthy as it reflects a more concrete stance from one of the industry’s paramount regulatory authorities. Authorities in China and elsewhere have gone even further, banning ICOs outright in a bid to rein in token crowd sale efforts.

‘High risk’ ventures

Earlier this year, the FCA issued a discussion paper outlining its concerns over the risks posed by Cryptocurrencies on market integrity, consumer protection, competition and risk management measures. The regulator also noted that it may separately regulate some aspects of Blockchain technology that fall outside existing financial services rules.

Breaking: FCA Warns of ICOs, Focusing on Firms Engaging in Regulated Activities | Finance Magnates (2)

While a relatively new funding mechanism, ICOs have become all the rage across the industry as businesses look to fund their respective ventures. Typically, ICO issuers accept popular cryptocurrencies such as Bitcoin or Ethereum in exchange for a proprietary ‘coin’ or ‘token’ that is dedicated to a specific firm or project.

Most common is a promise and pledge to acquire a small share of the firm conducting the ICO – in many cases this takes the form of a prepayment voucher for future services, or in some cases offers no discernible value at all. The FCA views this practice as highly speculative, carrying exorbitant levels of risk for investors.

Consequently, the regulator cautions investors against engaging in ICO or token sales given the aforementioned risks. It says that only experienced investors that are familiar with a given project should engage.

ADVERTIsem*nT

Most critically, the vast majority of ICOs are not regulated by the FCA or any other regulatory authority. This blind spot creates the potential for abuse and fraudulent activity given that these sales operate outside the influence of authorities. There is very limited investor protection in the UK relating to them, meaning that you are likely not entitled to protections under the Financial Services Compensation Scheme (FSCS).

The prospect of high price volatility is also problematic, and can result in the loss of your entire investment. Coupled with this is vulnerability for fraud. While ICO white papers outline the conditions of token sales, the probability of misleading or outright false statements remains extremely high and should not be relied upon via unregulated groups.

Breaking: FCA Warns of ICOs, Focusing on Firms Engaging in Regulated Activities | Finance Magnates (2024)

FAQs

What is the FCA stance on crypto? ›

The FCA continues to work with government to develop the UK's approach to regulating cryptoassets. The FCA's Discussion Paper on Stablecoins recently closed for input and from 8 October 2023, crypto firms wishing to promote their products or services to UK consumers must comply with the new financial promotion rules.

Which crypto companies are FCA approved? ›

Best crypto exchanges that are FCA registered
  • Kraken: Best crypto exchange (overall) ...
  • CoinJar: Best exchange for value. ...
  • eToro: Best for beginners & instant purchases. ...
  • Crypto.com: Best exchange for altcoins. ...
  • Revolut: Best all-in-one finance app. ...
  • Gemini: Best exchange for NFTs. ...
  • Uphold: Best for a debit card.

Is crypto.com a registered cryptoasset business with the FCA and are any risks associated with investment? ›

Global cryptocurrency platform Crypto.com has secured authorization as an Electronic Money Institution from the United Kingdom's financial regulator, the Financial Conduct Authority. The EMI license follows Crypto.com's registration as a cryptoasset business with the FCA in August 2022.

Is the UK regulator to allow crypto related securities? ›

UK regulator to allow crypto exchange-traded notes for professional investors. Britain's financial watchdog said on Monday (Mar 11) it will now permit recognised investment exchanges to launch crypto-backed exchange-traded notes, the latest regulator to pave the way for digital asset trading products.

What is the FCA warning list? ›

The FCA's Warning List is a list of firms and individuals that the FCA knows are operating without its authorisation.

Does the FCA take any responsibility for my crypto assets? ›

Getting over the line

At the FCA, our current remit over crypto is limited to making sure that crypto firms that operate here comply with anti-money laundering and counter-terrorism legislation. Only when the government legislates will we have more powers to regulate crypto.

Is Coinbase regulated by FCA? ›

Our E-Money services are regulated by the UK Financial Conduct Authority (FCA) and E-Money in your Coinbase account(s) is issued by CB Payments Ltd which is an electronic money institution authorised and regulated by the FCA .

Is Bitcoin covered by FCA? ›

Largely unregulated

It's true that crypto businesses operating in the UK do have to register with us and abide by our anti-money laundering rules, as well as our new marketing rules. The marketing of crypto is regulated, and you can help protect yourself by recognising regulated crypto marketing.

What companies need to be FCA regulated? ›

Do you need to be FCA authorised?
  • Accepting deposits.
  • Payment services.
  • Consumer credit related activities.
  • Insurance-related activities.
  • Investment activities (e.g., advising on investments, managing investments, arranging deals in investments)
  • Mortgage-related activities.
Apr 17, 2024

What is the safest crypto to invest in? ›

Here are six of the best cryptocurrencies to buy now:
  • Bitcoin (BTC)
  • Ether (ETH)
  • Solana (SOL)
  • Avalanche (AVAX)
  • Polygon (MATIC)
  • Cardano (ADA)
Apr 2, 2024

What happens if you invest $100 in Bitcoin today? ›

If you invest $100 into Bitcoin today, don't expect to make a fortune. However, you could still make some solid gains if your bet on Bitcoin pays off. Many people who are interested in crypto would like to get started with smaller amounts, which is entirely reasonable given that cryptocurrencies are risky investments.

What is the best crypto to invest in? ›

Top 10 Cryptos in 2024
CoinMarket CapitalizationCurrent Price
Bitcoin (BTC)$1.30 Trillion$66.221
Ethereum (ETH)$390 Billion$3,254
Binance Coin (BNB)$86.3 Billion$577
Solana (SOL)$69 Billion$154.53
6 more rows

Who regulated crypto in us? ›

At the federal level, the following bodies are responsible for making the required cryptocurrency regulation in the US – the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Federal Trade Commission (FTC), the Treasury Department, through the Internal Revenue Service (IRS), ...

Who is regulating crypto? ›

The Securities and Exchange Commission, the Chicago Mercantile Exchange, the Commodity Futures Trading Commission, and the Financial Industry Regulatory Authority are all involved in some regard. Cryptocurrency transactions between private users—private wallet to private wallet—are not regulated.

Who is crypto regulated by? ›

In the U.S., the IRS treats cryptocurrency as property, while the CFTC considers it a commodity. Many cryptocurrency companies have tried to avoid securities laws or requirements by claiming their tokens are utility or transactional tokens instead of security tokens.

What is the FCA enforcement action for crypto? ›

The FCA has used its powers to inspect several sites in East London suspected of hosting illegally operating crypto ATMs, as it continues its crackdown on the illicit sector. In a joint operation with the Metropolitan Police, the FCA inspected several sites, using its enforcement powers.

What are the new FCA regulations for Coinbase? ›

The Financial Promotion Regime prohibits Coinbase from offering monetary or non-monetary incentives in relation to cryptoasset trading after 8 October 2023. This includes learning rewards.

Is crypto com approved by FCA? ›

The firm holds licenses from the Monetary Authority of Singapore, US, France, Singapore, Australia, etc.

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