Cryptocurrency Regulation in the UK
In the meantime, the UK has only partially harmonized its regulatory framework on crypto arrangements with the European Union since the country, prior to exiting the block, laid forward the minimum AML/CFT requirements under the EU’s 5AMLD and 6AMLD. Meanwhile, at the national level, corresponding legislation is still at the preliminary stage. Very recently, the government announced plans to build infrastructure and become a global crypto technology and investment hub.
All firms wishing to carry on crypto asset activities in the UK must be registered with the Financial Conduct Authority for part of the 4A license, better known as a crypto license in the UK. The FCA “already applies existing AML/CFT regime and leads the dialogue between regulators and market participants.” One of those programs is the two-day CryptoSprint, where regulators meet with innovators to talk about and together work out crypto policy development.
Crypto assets according to the FCA are secure digital representation of value or contractual rights, employing technology related to DLT, and can be electronically transferred, stored, or traded. Presently, the regulator identifies two tokens-regulated tokens and unregulated tokens.
UK cryptocurrency regulation
Regulated tokens include the following
- Security tokens are a Specified Investment under the RAO, other than e-money; they can grant rights to participate in the business, such as ownership, a right to repayment of a specific amount of money, or participation in future profits; and under the EU Markets in Financial Instruments Directive II (MiFID II), they can be transferable securities or other financial instruments.
- E-money tokens meaning, within the meaning of the Electronic Money Regulations—are monetary values stored electronically (including magnetically) that are represented by a claim on the issuer. They are issued upon receipt of funds for making payment transactions.
- Stablecoins: these are cryptocurrencies pegged into the value of either fiat currency or metals, reducing their volatility. They represent the newest form of crypto asset that falls under the regulatory framework, which will enable their usage as a form of valid payment and widen consumers’ choices.
According to the FCA, the following tokens are unregulated:
- Utility tokens provide for access to goods or services within a specific DLT platform.
- Crypto exchange tokens refer to cryptocurrencies that allow for payment and may serve as an object of investment with respect to an increase in their value.
The FCA supports crypto firms through the Innovation Hub for those crypto firms looking to bring their crypto products and services into the UK market, wanting and needing to know what the applicable legislation is.
The Early and High Growth Oversight initiative offers support and supervision to newly authorized businesses, such as crypto licensees and scaling innovative technologies crypto businesses.
When a crypto company is ready to test its novelties in the market, an application can be filed with the FCA’s strong Regulatory Sandbox.
Upcoming regulations include the following initiatives:
- A new financial market infrastructure sandbox will enable startups and incumbents in the crypto industry to create business models, experiment, and test in a no-blame environment under the regulatory regime.
- The Economic Secretary will establish and chair the Cryptoasset Engagement Group, which will promote a dialogue with market participants, and will advise the government about how the crypto market is developing.
- A competitive system of taxation for crypto businesses will accelerate the development of the market.
Anti-Money Laundering and Counter-Terrorist Financing Legislation
UK-based cryptoasset firms must comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 which spell out obligations of private sector firms exposed to money laundering risks.
Compatibility requires crypto asset firms to:
- Conduct AML/CFT risk assessment for clients, country of operation, operations, products, and services.
- Implement applicable AML/CFT systems, policies, controls, and procedures, including transmitting all changes that should be appropriate to the complexity of the business.
- Recruit a qualified AML/CFT compliance officer who shall be responsible for enforcing applicable legislation.
- Training and monitoring of AML/CFT officers.
- Continuously monitor transactions and be prepared to report suspicious transactions through suspicious transaction reports.
- The extent to which the CMS was realized in line with the requirements of the UFEL, and necessary policies are realized by standardized business processes, besides the identification of political figures by the relevant requirements.
- Development of compatible data recording and security systems and relevant business processes that ensure protection of personal data and sufficiency of records for AML/CFT purposes.
- An internal audit function developed and subjected to constant monitoring.
How to Get a Crypto License in the UK
Under the AML/CFT legislation, crypto-asset firms that plan to operate in the UK through business activities involving products or services are legally required to be registered with the FCA for their authorization and supervision, with a focus on consumer protection, market integrity, and fair competition.
The FCA also makes a decision about all applications within 6 months. Where the application is incomplete, then the decision is within 12 months.
The Department of Innovative Ways can advise on the application process and explain the complexities of the rules, including the implications for crypto asset business models.
Businesses offering the following services need to apply for permission:
- Exchange with cryptocurrencies for fiat money and vice versa
- Exchange with cryptocurrency for cryptocurrency
- Crypto-ATM Operation
- Paper Storage Service
- Arranging for Crypto Data Sharing
- Initial Coin Placement
- Main requirements for setting up a licensed crypto company in the UK:
- Incorporated business with a real office; post box applications are not considered
- Bank accounts to function, along with crypto wallets
- Anti-money laundering requirements
- Drafting of all the documents which may be needed for acquiring a cryptography licence, such as Business Plan, Risk Management Policy in compliance with AML/CFT law
FCA AML/CTF crypto asset authorization application process:
- An application fee is paid by the applicant
- 2,000 GBP where firm’s income is below 250,000 GBP
- 10,000 GBP where firm’s income is above 250,000 GBP
- Application form and questionnaire is completed and submitted by the applicant via Connect
- Assignment of case officer and processing by the FCA
- Applicant submits required information and evidence to relevant officer
- The FCA conducts searches of the application against databases and records maintained by other regulatory authorities in the United Kingdom or outside
- FCA assesses crypto business – whether it meets the minimum threshold conditions depending upon the complexity of the business described in the Guide
- FCA grants permission under Part 4A if the application is satisfying
- This will then be followed by a written confirmation from the FCA, stating the extent of authorization, including the type of regulated activity allowed, the date when authorization commences, and limitation.
- The approval automatically updates the Financial Services Registry.
Documents required:
- Documentation of directors and shareholders, including relevant experience and competence – impeccable reputation proved with appropriate document, such as a resume
- Shareholder documentation
- Business plan, including financial model, marketing plan, organization chart
- Documentation of the procedures for risk management and policies concerning AML/CFT; documentation of all departments in the company that may be at risk from either a security or integrity perspective.
Generally, the documentation is meant to ensure that the applicant complies with anti-money-laundering/counter-financing of terrorism legislation and that the applicant can operate in the market successfully.
The application may be withdrawn during the course of authorization. The application fee in this respect is non-refundable. Applicants are usually withdrawn when unable to avail all the information or due to missed legal deadlines.
FCA provides reasons for such a decision and returns the cost of the application in the event of an application refusal. An application can be resubmitted.
Besides the application fee concerning the permit, the authorized companies also have to pay a periodic fee. The periodic fee is based on a certain formula that includes the application fee, company evaluation fee, and calendar months which, in turn, are reported by the FCA on a case-to-case basis. The authorized companies need to pay only a part of the fee during the first year, depending on how many months are left for the fee year.
Advantages
Prestige and worldwide recognition of the jurisdiction
Possibility to register a company fully remotely
Opportunity to obtain a licence for non-UK residents
No minimum share capital requirement
HOW TO OPEN A CRYPTO COMPANY IN THE UK
Before filing the application for a crypto license in the UK, one has to incorporate a company within the United Kingdom. A Private Limited Company, or Ltd, is one of the most common types of business entities in the United Kingdom. Among other benefits, there is protection of personal assets, tax planning and cuts, and even professional image building. A new company can be formed abroad.
There is no minimum equity requirement. At least one shareholder and one director-which can be the same person-are the preconditions for setting up a private limited liability company in the UK; this might be a non-resident UK.
Stages of opening a private limited liability company
- Choose a unique name that must include Limited or Ltd
- Choosing the directors and secretary
- Choosing the shareholders or guarantors
- Identifying the person with significant control in a company – for example, voting rights
- Preparation of a memorandum of association and articles of association
- Definition of the scope of the firm and accounting principles
- House Companies registration of the company, inclusion of official address and receipt of SIC code
- Registration of the Company with HMRC for Corporate Tax
- Permission to use FCA AML/CFT crypto
TAXATION OF CRYPTOCURRENCY COMPANIES IN THE UK
Although the government has not yet developed a proper and holistic regulatory framework for cryptoassets, already under the current legislation, the crypto-related tax obligations are outlined in the Cryptoassets Guide, published in March 2021 by Her Majesty’s Revenue and Customs Authority (HMRC). It describes in great detail what records the crypto enterprises and individuals should retain and what taxes they may be liable for.
The content of this guide is based on policy documents entitled Cryptoassets: A Tax for Individuals and Cryptoassets: A Tax for Businesses that were published in December 2018 and November 2019 respectively.
If the company engages in activities involving token exchange, it will be obliged under tax laws. The activities include:
- Trademarks
- Exchanging tokens for other assets including other forms of crypto assets.
- Crypto mining
- Providing products or services in barter for tokens
The crypto asset tax regime depends on the rapidly evolving crypto industry and is therefore subject to improvement/modification. Partly for this reason, every case is subject to individual judgment when it comes to paying your taxes.
In the UK, the tax year runs from April 6 to April 5 of the following year. Taxes are estimated based on the persons concerned with the transaction and vary regarding the nature of their activities and such variables as income, profits, and expenses.
Kinds of tax that crypto companies may be obliged to pay:
- CT – Corporate Tax – 19
- DST – Digital Services Tax – 2%
- National Insurance – the rates depend upon the earnings of the employee
- VAT – 20%
Like any other business, they are required to intimate their income and expenses to HMRC. The latter will consider the appropriate legislations and case laws and determine what all taxes the earning needs to pay.
Corporation tax
The taxation of the profits and gains of a crypto company, if any, through Corporation Tax, would depend upon the legal structure of the business, and the Corporation Tax shall be computed based on all the exchange token transactions entered into by the company.
The company shall calculate their profit/loss after the disposal of their markers to find out whether a company has to pay tax to a corporation. Disposal includes:
- Selling tokens for fiat money;
- Exchanging tokens for another type of token;
- Using tokens to pay for goods and services;
- Giving tokens to another person.
Transfer of tokens between public addresses (wallets) the company controls with a profit is not considered a disposal.
HMRC does not consider any of the existing types of cryptassets to be money or currency. Consequently, corporate tax laws relating to money – for example, the currency rules or ignore rules in respect of currency gains and losses – do not apply to cryptassets.
Not all of the costs are allowable as a deduction when calculating the profits/losses from disposal of the tokens.
The following are allowed as deductions:
- Asset purchase price
- Transaction fee for the recording on the distributed ledger
- Advertisement of buyer/seller
- Costs of professional to draft the contract of token purchase or sale
- Costs of valuation or apportionment to ascertain gains/losses
Generally, the mining hardware and electricity costs are not allowed as deductions.
If the company holds the cryptocurrencies for less than the allowable costs, it would be suffering from losses. Those kinds of allowable losses would impact the overall gains and need to be declared to HMRC.
Digital Services Tax
The first of the three digital services activities defined for the purposes of a digital services tax is any online marketing service for the sale of products or services. This therefore means that the exchange in its attempt to accommodate the sale of cryptocurrencies does fall under tax obligations.
The only exclusion to this definition of an online market within the meaning of this Act is when more than half of revenues of the market during a financial year is derived from facilitating trade in financial instruments, goods, or foreign exchange. Since crypto asset is not considered in this category, it is not likely that crypto asset businesses would come under an exclusion from taxes.
Value Added Tax
As a rule, traditional currencies exchanged for cryptocurrency and vice versa are free from VAT.
Moreover, cryptocurrencies received by miners as consideration for their exchange token mining activities will, in principle, be exempt from VAT, to the extent that the activity itself does not constitute an economic activity for VAT output purposes. Owing to a lack of sufficient communication between any provided services and any attention, and owing to the absence of customers for these mining services.
Where cryptocurrencies are used to acquire goods and services, this supply of the cryptocurrency in question shall be exempt from VAT.
Crypto regulation in the UK overview
Period for consideration |
9 months | Annual fee for supervision | No |
State fee for application |
from 2,350 EUR | Local staff member | No |
Required share capital | No | Physical office | Required |
Corporate income tax | 19% | Accounting audit | Required |
CORPORATE REPORTING REQUIREMENTS IN THE UK
The companies, which are having a registered office in the United Kingdom, are obliged to prepare the financial statements upon the financial reporting standards. Generally speaking, it would imply that the majority of the companies should be audited. The company and the financial statements in question should be retained for 6 years commencing from the end of the last financial year of the company to which they relate. However, small companies are exempted from this liability, unless members holding in aggregate at least 10% of total number or value of shares in the company request it in writing, by sending a letter to the registered office of the company at least one month prior to the end of the financial year when audit is requested.
Make it clear that electronic money issuers of any size should carry out an audit while other crypto-products and services providers are meant to take consultations from the corresponding authorities:
Audit exemptions can also be based on the financial year. In this case, a company could be exempted from the need to audit if it satisfies at least two of the following for financial years starting on 1 January 2016 or after 1 January 2016:
- Annual turnover not more than £10.2 million;
- The assets are not more than £5.1 million;
- No more than 50 employees are present.
Our team of efficient and professional lawyers will be glad to render you customized assistance in FCA registration and obtaining a cryptocurrency license in the United Kingdom. You will receive the support of professionals in local legislation, creation, reporting, and tax advice from the very beginning of the procedure.
Establish a Crypto Company in the UK
Recently, the UK has set a goal for itself to become the most desirable country to create and expand a crypto business, and it is slowly turning itself into a crypto-friendly place where innovation, through dynamic rules, is encouraged. While this is still all in development, you are still able to realize your idea about a crypto business within one of the most competitive economies in the world.
The following advantages can be distinguished in the UK business environment:
- The United Kingdom took 8th place among 190 countries according to the World Bank’s 2019 Ease of Doing Business Index, which definitely indicates a favorable business climate.
- It is on the 11th position out of 180 countries in the Corruption Perception Index, 2021, reflecting to be amongst the most transparent and less corrupt countries.
- Great judicial performance ranking in the 2022 Economic Freedom Index, ranking 24th among 177 countries concerning tax burden, regulatory efficiency, investment freedom, etc.
- Attractive tax incentives: having double taxation agreements in place and incentives targeting R&D.
- Innovative regulation.
- Flexible labor laws.
- London, the capital of the UK, is one of the epicenters of world finance and entrepreneurship.
The UK companies are overall governed by the Companies Act 2006 which covers corporate documentation, company formation, and other corporate principles and processes. Other relevant pieces of corporate legislation include the UK Corporate Governance Code and the Insolvency Act 1986.
They maintain the UK companies public register and this includes any publicly available information on the registered address, current and past officers list, and images of corporate documents. Companies House is an agency responsible for the incorporation, registration and insolvency of companies.
As cryptocurrency businesses are partly regulated, you will probably have to deal with the Financial Conduct Authority (FCA) whose main task is just to enforce AML/CFT rules.
Types of Business Entities
You can choose from a range of business structures suitable to engage in fully licensed crypto activity. The most common and secure business structures are Private Company Limited by Shares (Ltd), Public Limited Company (Plc), and Limited Liability Partnership (LLP).
All of these have one common feature: the financial liability of shareholders is limited to the value of their investments in the company.
Private company with limited share Ltd.
In the UK, one of the most used business entities is the Private Company Limited by Shares, Ltd. Starting from protection of personal assets, tax planning, and reduction to even improvement of professional image and trust, there is just a partial list of the benefits. Shareholders shall be liable for the company obligations only within the limits of their investments.
Characteristics of private company with limited share Ltd.
- There are no minimum equity requirements.
- At least one shareholder: none needs to have residence in Malaysia.
- At least one director: may be a shareholder.
- Shelf companies may redeem shares.
- Directors can get salary and dividend for optimization of taxes.
Required Documents
- Memorandum of association.
- Articles of association.
- Application for registration.
- Confirmation of identity of all directors and shareholders.
- Confirmation of address of all directors and shareholders.
- Confirmation of address of registered office.
Auditing of financial reports is compulsory, but small companies can be relieved from it if two of the following amounts are not exceeded:
Metric | Details |
---|---|
Annual turnover | £10.2 million (approx. 11.9 million euros). |
Total assets | £5.1 million (approx. 5.9 million EUR). |
Average number of employees | 50. |
Nevertheless, shareholders with at least 10% of the shares either by number or value may, upon a written application made to the company’s registered office at least one month before the end of the financial year requiring an audit, demand that an audit be conducted.
PLC (Public Limited Liability Company)
This legal form is chosen in case there is an intention to build a large-scale enterprise. Shares of Plc can be placed on the exchange and sold to the wide public in order to attract capital. Later on, this capital can be used by the company for financing R&D and other projects, repayment of debts or expansion.
Compared to any other limited liability company, the Public Limited Company is controlled and regulated more stringently, especially when its shares have been traded on the stock exchange. To be able to provide such an entity with accountability and visibility, detailed reporting system had to be established.
Primary attributes of the joint-stock company Plc:
- The name must be concluded with words Public Limited Company or Plc abbreviation.
- The minimum share capital is 50,000 GBP, about 59,000 EUR. At least 25% of this sum should be paid in beforehand of any economic activity taken place.
- The company should have at least two directors and at least one qualified company secretary.
- By the law, the shareholders should be invited to the AOMC, where accounts of the company are represented, together with the declaration of dividends.
- Purchase of your own shares out of capital or cash is prohibited.
- Can raise funds by loans as well as retained earnings.
- Statutory auditing is compulsory and a qualified auditor to be appointed for auditing work of every financial year.
Following documents are to be filed:
- Memorandum of association.
- Articles of association.
- Application for registration.
- Proof of identity of all directors and owners or owners/SHAREHOLDERS.
- Proof of address of all directors and owners or owners/SHAREHOLDERS.
- Verification of address of registered office.
Limited Liability Partnership (LLP)
The LLP structure is usually opted for by those who intend to keep their tax liabilities limited and separate, and are very much willing to consider variable levels of partnership with no capital requirements.
However, this type of business organization is regulated by the Limited Liability Partnership Act 2000 and the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 instead of the Companies Act 2006.
Salient features of the LLP
- There is no equity capital, consequently, no capital law applies.
- No Memorandum of association or statute of association.
- At least two members without maximum number that should not be residents in the UK. And both may be corporate.
- At least two nominated members at any time, may be corporate or physical.
- One or more partners should have limited commitments.
- Partners can directly manage the business rather than say, elect a board of directors.
- No provision for internal governance structure.
- There shall be sufficient accounting books present. And Annual accounts are filed in the House of Companies.
- All gains are distributed and cannot be left behind for the next year as this profit is liable to tax.
- He shall not be liable to pay corporate tax.
- Therein, the meanings of members differ because each member is separately liable for the payments in respect of his income tax and national insurance, which are charged upon his individual profits.
These are those members who have a status and usually hold a position equivalent to the director and have more responsibility in running the management of the partnership as opposed to the ordinary members. Their role is usually that of making sure that the company and the members are observing all the rules and obligations that legally bind them. Any member can be nominated and this is usually based on a constituent instrument.
Required documentation:
- None
- Written constitutive document in the form of an agreement between members, including operation principles, ways of entering and leaving the partnership, sharing of profit, among others.
- Identity document of all members.
- Proof of the address of the registered office address.
- Certificate of no objection from the lessor.
The document of incorporation should bear the following:
- Partnership name.
- Country of registered office where it is situated (England, Wales, Scotland, or Northern Ireland) and its address.
- Information about each member – identity, residence, etc.
- Particulars of each nominated member.
- Statement of the initial material control.
Generally, there is a requirement of an audit of financial statements for an LLP; it can be discharged if it meets any two of the following criteria:
- The balance is not more than £5.1 million – approx. EUR 6 million.
- There is an average of no more than 50 employees.
The crypto companies of whatever legal form for the AML/CFT purposes are obliged to submit through RegData an Annual Financial Crime Report within 60 business days starting with the company’s Accounting Reference Date.
UK
Capital |
Population |
Currency |
GDP |
London | 67,791,400 | GBP | $47,318 |
What You Need to Do
Registration, following due preparation of all statutory documents, can be done in 24 hours. You can register your company online or use our services.
To establish a fully licensed crypto company in the United Kingdom, you should take the following steps:
- Choose a unique and relevant name
- Draft constituent documents
- Hire staff for compliance with minimum legal requirements
- Identifying and providing information about those individuals who have significant control over the firm through voting rights.
- Find and register a real physical office in the UK—the post box number is not going to be sufficient.
- Open a local corporate bank account. If necessary, transfer of equity capital to a new bank account.
- Development and documentation of internal AML/CFT policies corresponding to the size and complexity of your crypto business.
- Definition of the company’s field of activity and bookkeeping
- Registration of the Company with Company House
- For the case of incorporation of a joint-stock company PLC, you shall be required to obtain a trade certificate from Company House confirming that the initial share capital has been subscribed and the company can be engaged in activities.
- Notification to HMRC within three months from the date of incorporation
- FCA Application for AML/CFT Crypto Resolution
To conduct most of the activities listed below, a crypto firm needs to obtain permission from the FCA before commencing operation in the UK. These activities include the following:
- Exchange, or arrangement, of cryptocurrencies for fiat money and vice versa, and one cryptocurrency for another cryptocurrency;
- Where it operates by automated means, exchanging fiat money for cryptocurrencies and vice versa—the provision of kiosks, such as an ATM
- Cryptocurrency custodial services on behalf of the clients or private crypto keys designed to store, hold, and transfer cryptocurrencies.
This may take 6–12 months and cost from 2000 GBP (ca. 2350 EUR) up to 10000 GBP (ca. 12000 EUR). If you want more details on crypto authorization in the UK and prospects for your company, we are glad to invite you for an individual consultation that will be helpful for your conclusion on whether the UK is a good jurisdiction or not.
Taxation of Crypto Companies in the UK
Cryptocurrencies aren’t considered legal tender and, therefore, are taxed as traditional assets. One of the few exclusions is the application of VAT when cryptocurrencies are treated as fiat money. Crypto companies are taxed depending on the purpose of their activities.
Crypto companies are obliged to pay the following taxes:
- Corporation Tax (CT) – 19%
- Digital Services Tax (DST) – 2%
- National Insurance Contributions – rates vary depending on employee’s earnings
- Value Added Tax – 20%
- Stamp Duty – 0.5%
Our team of dedicated and quality-focused lawyers will be happy to support you in your UK fully authorised cryptocurrency company formation with personalized value-added support. Since the very beginning of the process, you will be backed with expertise in company formation, fast-developing AML/CFT legislation, and taxation. Contact ustoday and get a custom offer.
Besides that, lawyers from Regulated United Europe support crypto projects and assist in adaptation to MICA regulations.
What are the regulatory protections of cryptoassets in the UK?
The cryptoasset regulatory regime in the UK during 2024 is still developing to try to keep pace with the burgeoning usage and acceptance of cryptocurrencies and their various underlying technologies. The country’s crypto market regulations are presently being directed by the Financial Conduct Authority. The following is a close view of the regulatory protections applying to cryptoassets in the UK:
Overview of the Regulatory Framework
UK’s approach has generally been one of cautious progressiveness with furtherance of the need to balance the promotion of innovation with protection for consumers and integrity of the financial system. Other uses and characteristics also lead to variable regulatory oversight in the cryptoassets classification.
Categories of Cryptoassets
The FCA lists three categories of cryptoassets:
Token Type | Details |
---|---|
Token exchanges | This is cryptocurrency, such as Bitcoin, and is not regulated in its buying and selling or trading by the FCA. However, the AML regulation still comes into effect. |
Utility tokens | Provide access to particular products or services; it is not itself an investment specified and e-money. Most utility tokens are not regulated, while those which could correspond to the definition of e-money would be under the regulation of the FCA. |
Security tokens | They represent shares, debt instruments, or units in a collective investment scheme. They consequently fall within the regulatory regime of the FCA and, for that matter, have consumer protection akin to capital market investments. |
Regulatory Measures
Anti-Money Laundering and Counter-Terrorist Financing
The FCA brought cryptoasset firms into the ambit of AML and CTF requirements. Cryptoasset firms in the United Kingdom were expected to, by January 2020, register with the FCA to proceed with the implementation of Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs). These include customer due diligence, ongoing monitoring, and reporting on suspicious activity.
Consumer Protections
While not all types of cryptoassets are regulated by the FCA, it has issued warnings with regard to investments in these assets on account of their high risks. Also, it has issued the ban on the sale of crypto-based derivatives and exchange-traded notes to retail consumers due to its protection against the volatility and complexities of the nature of the product.
ICOs and Tokens
Token sales and ICOs would be treated on a case-by-case basis. The extent that an ICO involves the issue of a security token or other regulated instrument, it would be expected to be done in a way which complies with relevant financial regulation and potentially subject to FCA authorization.
Advertisements and Promotions
The UK government has announced plans to bring some cryptoasset advertising into the sights of the FCA so that this will be fair, clear, and not misleading. Protection against misleading claims is the aim, with further commitment being given to higher standards in the cryptoasset market.
Future Regulatory Developments
The cryptoasset regulatory regime is likely to continue developing in the next few years, with debates already extant over the expansion of the regulatory perimeter to more cryptoassets and activities. Treasury has consulted on the wider regulatory approach to cryptoassets, and it can be seen that the future will present a wider regime designed to foster innovation but one which protects consumers and maintains financial stability.
This strikes a balance between the UK’s regulatory protections for cryptoassets to protect consumers and the wider financial system without suppressing innovation. The UK has taken the route of categorizing cryptoassets and applying targeted regulations with a view to work its way around the complexities of the crypto market. It means that while the crypto market is developing further, so does the regulatory landscape, and both regulators and participants of the crypto space have to stay alert.
UK crypto regulation 2024
Specific regulatory changes planned in the UK Cryptoasset sector for 2024, reported below from my last update in April 2023, are based on proposals, consultations, and the direction of the regulatory intent as expressed by UK authorities at that time. With this, I am able to project what the potential directions and focuses in UK crypto regulation for 2024 could be. Note that with respect to the most updated information, reference should be made to the latest literature by the UK Financial Conduct Authority, HM Treasury, and all other relevant regulatory bodies.
UK Crypto Regulation in 2024: How the Landscape is Shaping Up
This contrasts with the UK, which has been more proactive regarding cryptoasset regulation through the development of more concrete means to ensure consumer protection and market integrity, along with preventing financial crimes. Up until 2024, the nature of regulation in this space could continue to be broader due to those fast developments within the crypto market and in the wide area of financial technology. An overview into what this crypto regulation landscape may look like in 2024 in the United Kingdom:
Topic | Details |
---|---|
Greater clarity on regulation | More Specific Definitions and Categorizations: The UK could provide more specific definitions and categorizations of cryptoassets, recognizing different types of tokens by use—for example, exchange tokens, utility tokens, and security tokens—applying appropriate regulatory treatments.
Security Tokens and Investment Regulations: Security tokens, given their proximity to traditional forms of finance, may attract advanced prescriptive regulation or regulatory guidance against which consistency with existing securities laws and regulations can be assured. |
Increased Scope of Regulation | Broader Regulatory Perimeter: The regulatory perimeter extends also to activities and cryptoassets hitherto unconsidered, in those cases where the use and wider implications for the financial market so merit.
Stablecoins and E-money: Given the increased significance of stablecoins, some regulations may be spoken to, which may deal with one or both of their use in payments and/or store of value risks. This can make them become aligned more and more with regulations of e-money. |
Consumer Protection and Market Integrity | Better Consumer Protection: The consumer protection against the high risks associated with crypto investments would be further enhanced. This might involve putting additional requirements on the firms marketing cryptoassets in order to better indicate risk communication and the introduction of compensation schemes.
Advertising Standards: The regulations on advertising cryptoassets can get tougher, considering clear, fair, and non-misleading representation, while being targeted at especially retail investors. |
Anti-Money Laundering and Combating Financing of Terrorism | Improved AML/CTF Regulations: The AML and CTF regulations concerning crypto-asset firms are bound to get more stringent in terms of enhanced due diligence, improvement in monitoring of transactions, and compliance checks.
International Standards and Cooperation: The UK government could consider further international coordination with the Financial Action Task Force, other international regulatory bodies, and bring its law in line with global standards to tackle the likely cross-border nature of cryptoassets and to avoid regulatory arbitrage. |
Innovate and Support the Crypto Sector | Regulatory Sandboxes: Increase the number of regulatory sandboxes and innovation hubs that develop crypto and blockchain technologies by providing a safe area to test innovative products and services in the presence of regulators.
Guidance and Business Support: Provide ongoing support through guidance for crypto businesses on how best to operate within regulations to achieve appropriate innovation and growth within the sector. |
By 2024, the cryptoasset regulatory regime of the UK will most likely be fleshed out even more, if only for the dynamic nature of the crypto market and its position in the greater panoply of financial markets. UK regulators would most likely also be supportive of innovation and responsible growth in the crypto sector, with a strategic policy to go in tandem with pursuing market stability, prevention of financial crimes, and consumer protection. How changes would specifically be made in regulation depends on how things further develop, consultations between various stakeholders, and how regulators change along with the constantly changing crypto market.
What are the regulations applicable to crypto-asset businesses in the UK? During the last years, cryptoassets have been more and more a substantial part of the world financial system and couldn’t let regulators and legislations pass their attention. The UK is one of the world centers of finance, which is actively working on creating a legal framework regulating businesses related to cryptoassets. Such regulations mostly aim at ensuring that financial stability is guaranteed, investors are protected, money laundering and terrorist financing are prevented, innovation is fostered, and confidence in the cryptoasset market is sustained.
Registration and Compliance with FCA Requirements
The FCA is the premier player in the field of crypto-business regulation in the UK, and every cryptoasset company should be registered with the FCA and observe well-established requirements on AML/CFT. This would involve establishing a procedure for identifying customers, monitoring a system of transactions, and reporting suspicious ones, in particular.
Observance of the Rules of Behaviour
The cryptoasset firms will also be compelled to comply with the Conduct of Business rules under the FCA in the consumer protection for fairness, integrity, and transparency of the financial markets. This will involve issuing certain information in respect of the products and services in a clear and understandable language with the accompanying risks associated with investing in cryptoassets.
Regulation by Asset Type
Whereas the UK, on the other hand tried to further break cryptoassets based on their type for the purpose of better regulation. Tokens used for mediums of exchange bear different treatment compared to tokens of investment. Investment tokens that equally confer equity participation, dividend rights, or other forms of financial rights may be considered as securities for the purpose of regulations.
Protection of Personal Data
Crypto-business regulation in the UK is subject to the strict personal data protection provided by GDPR; storage and processing of personal data of customers are to be made secure, while rights of data subjects should be granted.
While adapting to the rapidly changing world of cryptoassets, the UK continues to develop and amend its regulatory legislation. The leading goal of such regulation is the protection not only of the market participants but also to create conditions for healthy development of that innovative sector of the economy. All that needs a balance between making it safe and fostering innovation-presuming flexibility and predictability from regulators in the regulatory matters.
What regulatory protections apply to crypto?
In the world where digital assets have been gaining momentum, turning into an indispensable component of the world’s infrastructure, the role of questions about regulation and protection of cryptocurrency has been gradually growing. Among the most vital regulatory measures in regard to the integration of crypto assets into the legal economic space, investor protection, maintenance of the stability of financial systems, and impeding illegal activities come to the fore.
Topic | Details |
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Regulators and Regulations | Whereas the means and ways of regulating cryptocurrency do vary from country to country, the trend is basically to update the existing legislative and regulatory frameworks or create new ones in order to meet the novel challenges presented by cryptoassets. Bodies like the US Securities and Exchange Commission, the UK Financial Conduct Authority, and the European Banking Authority are involved in framing and putting into place laws, rules, and guidelines on the crypto industry. |
AML/CFT Measures | Of importance, and highly considered, are crypto regulations that ensure it does not become a tool for money laundering and terrorist financing. In this regard, cryptoasset operators are obligated to apply certain obligations, including performing Know Your Customer checks, maintaining a record of transactions, and reporting suspicious activity to the relevant authorities. |
Investor Protection | Another topical domain in this regard is the protection of the rights and interests of investors. What it precisely would relate to is transparency in transactions of crypto-assets, fraud protection, market manipulation, assurance of availability of reliable information with regard to cryptocurrency projects, and respective issuers. |
Standards of Security and Data Protection | Special attention is paid to the standard of security and personal data protection in the cryptocurrency industry. The topical issues include those on observance of regulatory requirements for storage, processing, and protection of the infrastructure from cyberattacks in respect of the risk of loss of funds or leakage of confidential information. |
Regulation of cryptoassets will be in continuous evolution, since regulators worldwide try for the proper balance between support for innovation on one side and protection of market participants on the other. International cooperation and the sharing of experience feature as an important facet of the process, after all, since virtual currencies do not respect borders and can only be effectively regulated through international coordination. Trust and security in cryptoassets will be further developed once a clear, fair, and adaptive regulatory framework is put into place.
What is the current regulatory protection provided to crypto-assets held with a centralized crypto exchange for customers in the UK?
In this ever-evolving crypto landscape, one of the most striking goals that regulators have pursued-across different jurisdictions, including the UK-relates to the protection of customer assets held on centralized cryptocurrency exchanges. The UK regulation of cryptoassets ensures that transactions of crypto markets are transparent, secure, and integral, while investors are protected from fraud, abuse, and financial losses.
Registration and Control of Activities Connected with Exchanges of Cryptocurrencies
The UK implemented a regime, under the FCA, for all cryptoasset firms- including the requirement for centralized cryptocurrency exchanges to register. This would mean that such exchanges would be vetted in terms of anti-money laundering and counter-terrorist financing, which would ensure they are transparent and reliable intermediaries in the market for virtual currencies.
Protection of Client Funds
The protection of the customers’ money is one of the cardinal components of the regulation of the virtual currency exchanges. Virtual currency exchanges have an obligation to segregate money belonging to the business and that of the customers by placing customers’ funds in accounts that are segregative. In this case, losing the customers’ funds upon financial problems or bankruptcy of an exchange would be reduced to a minimum. The storage and safety requirements of the assets are also very strict regarding the storage and asset security issues within centralized cryptocurrency exchanges. Most of the assets shall be stored in cold wallets offline, with minimal risk due to cyber attacks and unauthorized access. They shall adopt cybersecurity measures comprehensively and protect customers’ data.
Transparency and Reporting
Further, the confidence of the market is built on a basis of operational matters’ transparency that FCA demands, terms of use, risks that are incurred with the trading of cryptoassets, regular reporting of activities, status statements of the client funds, and assets in custody.
Protection against Fraud and Abuse
The UK is committed to establishing mechanisms for the protection of investors from fraud and abuse in cryptoassets, including provisions identifying and preventing suspicious trading activities, access to judicial and regulatory authorities in case of disputes or claims.
Centralized cryptocurrency exchanges in the UK are regulated to the extent that cryptoassets may be enabled to be traded in a manner which is sustainable, secure, and transparent. On this point, there are various aspects of measures being taken by the FCA in order to protect customers’ money and information, ensure clarity over transactions, and curb fraud and abuse in safeguarding the protection of investors’ rights for the wholesome development of the crypto market in the UK.
What is the applicable regulation to crypto-asset businesses based in the UK?
It is in this respect that the regulation of cryptoasset business will be of peculiar importance to the UK. The attention of the legislature and regulator in this context will be focused on the creation of conditions that will make it possible to create preconditions for the stable development of the cryptoasset market, protecting consumers while excluding the use of cryptocurrencies for illegal purposes, including money laundering and terrorist financing.
Topic | Details |
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Regulatory Environment in the UK | Cryptoassets fall under the broadness of financial regulation within the UK, spearheaded by a variety of bodies with the most important being the Financial Conduct Authority. It oversees and regulates the activities of cryptoasset firms, providing assurance that those firms align their practices with predefined rules and standards. |
Registration and Compliance | The most basic requirement in taking on a business in cryptoassets within the UK is a registration obligation with the FCA. In greater detail, this covers all firms and professional market participants that may provide services in the exchange of cryptocurrency and any firm that professionally stores or transfers cryptocurrencies. The means through which registration takes place involve proving that a firm is able to fulfill the legal requirements, including AML/CFT measures. |
Conditions Applying to the Carrying Out of the Activity | The UK is under obligation to ensure a high level of investor protection and protection for users of cryptoassets. Certain obligations are imposed on cryptoasset firms in respect of clear and full information on products and services offered, risks associated with their use, protection of customers’ data and funds. They are responsible for compliance with accounting and financial reporting requirements. |
Anti-Money Laundering Measures | The FCA institutes strict customer due diligence, verification of the identity requirement, monitoring of the transaction, and reporting on suspicious transactions for crypto businesses. In addition, the businesses are required to have effective internal controls apart from effective compliance systems that may reduce the risk which may arise from the use of crypto assets to undertake money laundering and financing terrorism. |
Regulation of cryptoassets in the UK is directed to creating conditions for the free, safe, and transparent participation of all market participants. The following strictly by them of the requirements and standards of regulation is indeed a guarantee of confidence in the sector of cryptocurrency, its stable development, and integration into a wide range of financial services. The watchdogs, on their part, are working around the clock to adapt methods for supervising the rapidly changing conditions and challenges of the cryptoasset market.
“I can assist you in establishing and running a crypto company in the UK, a highly trusted regulatory framework in Europe that supports crypto trade. Additionally, the UK’s status as a Fintech hub offers a dynamic environment with ample networking and development opportunities.”
FREQUENTLY ASKED QUESTIONS
Are crypto activities licensed in the UK?
Due to the fact that the UK complied with the EU's Fifth Anti-Money Laundering Directive (5AMLD) and Sixth Anti-Money Laundering Directive (6AMLD), its regulatory framework for crypto agreements is partially harmonized with the EU's. Although the government recently announced plans to build an infrastructure that would make Britain a global hub for crypto technology and investment, Britain's national legislation is still at an early stage.
Financial Conduct Authority (FCA) registration is required for companies planning to conduct crypto asset activities in the UK in order to obtain part of the 4A permit. Regulators and market participants meet regularly with the FCA to discuss existing AML/CFT rules. In one such initiative, regulators and innovators meet over two days to discuss and collaborate on crypto policy development.
UK-regulated tokens: what are they?
These are the regulated tokens:
- Under the Regulated Activities Order (RAO), security tokens are a Specified Investment excluding e-money; they may provide rights to participate in the business (such as ownership, repayment of a specific amount, or sharing future profits); they may also be transferable securities or other financial instruments under MiFID II (EU Markets in Financial Instruments Directive II).
- Generally, electronic money tokens (EMTs) represent monetary values, stored electronically (including magnetically), that can be exchanged for funds upon receipt of funds.
- This is the latest type of crypto asset that has come under a regulatory framework, allowing them to be used as valid payment methods and expanding consumer choices. They are pegged to fiat currency or precious metals with the aim of reducing volatility.
What are the unregulated ones?
Among the unregulated tokens according to the FCA are:
- On certain DLT platforms, utility tokens allow access to goods or services.
- A cryptocurrency exchange token (a cryptocurrency used for payment and for investing purposes if their value increases)
Those crypto companies that are interested in launching crypto products or services in the UK and need to learn about the applicable laws can gain support from the FCA through the Innovation Hub.
The Early and High Growth Oversight initiative supports and oversees new crypto licensees and crypto businesses that seek to scale innovative technologies.
It is possible for crypto companies to apply to the FCA's Regulatory Sandbox if they wish to test their innovations on the market.
Regulations are in the pipeline for the following projects:
- In a safe environment, within the regulatory framework, a new financial market infrastructure sandbox will allow startups and established crypto businesses to experiment, innovate, and test business models.
- The Economic Secretary will chair a Crypto Asset Engagement Group aimed at facilitating dialogue among market participants and advising the government on crypto industry development.
- Establishing a competitive tax system for crypto businesses, which will accelerate market growth.
In the UK, how do you get a crypto license?
In order to operate in the UK, crypto asset companies must register with the FCA, which is responsible for approving them and supervising them with a focus on consumer protection, market integrity, and fair competition, under AML/CFT law.
All applications are decided by the FCA within six months. Incomplete applications are decided within 12 months.
By explaining the complexities of the rules, including the implications for the crypto asset business models, the Department of Innovative Ways can assist in the application process.
Can you tell me more about the AML policies?
Private sector companies that are exposed to the risk of money laundering must comply with the Money Laundering, Terrorist Financing, and Transfer of Funds (Information on the Payer) Regulations 2017.
The following requirements must be met by crypto asset companies in order to be compatible:
- Identify and assess AML/CFT risks associated with clients, countries of operation, operations, products, and services
- Assist in the implementation of AML/CFT policies, procedures, controls, and policies, including the transmission of all changes relevant to the complexity of the business.
- The enforcing of applicable laws will be the responsibility of a qualified AML/CFT compliance officer
- Officers are trained and monitored in AML/CFT
- Maintain a continuous monitoring of transactions and report suspicious transactions as soon as they occur
- A standardized business process is used to comply with the CMS and implement necessary policies
- The identification of political figures must comply with the requirements
- Maintaining a sufficient amount of records for AML/CFT purposes and establishing compatible data recording and security systems
- Monitoring and development of internal audit functions
How should the requirements be defined?
Permission must be obtained for the following activities:
- Fiat money can be exchanged for cryptocurrencies and vice versa
- Cryptocurrency exchange with cryptocurrency
- Operation of cryptocurrency ATMs
- Service of storing paper
- Data sharing for cryptography
- Initial Coin Offering (ICO) participation
A cryptographic business in the UK must meet the following requirements:
- Physically located company (subscriber box is not allowed)
- Transactions involving cryptocurrencies and bank accounts
- Ensure compliance with AML regulations
- The preparation of all required documentation for obtaining a cryptography license (e.g., a business plan and a risk management policy in accordance with AML/CFT regulations)
When it comes to licensing, how does it work?
- Fees are paid by the applicant
- A company with an income under 250,000 GBP must pay 2000 GBP.
- A fee of ten thousand pounds (if the company's revenue exceeds two hundred fifty thousand pounds)
- A completed questionnaire is submitted via Connect by the applicant
- Case officers shall be appointed by the FCA and the application will be processed
- Any additional information or evidence requested by the official is submitted by the applicant
- Other regulatory agencies in the United Kingdom and abroad may also check the application against their databases;
- The FCA evaluates crypto businesses by considering whether they meet certain threshold conditions (based on the business' complexity) described in the Guide.
- A decision is made by the FCA and permission is given under Part 4A if the application complies with the rules
- A written confirmation of the FCA's decision should specify the type of regulated activity that is allowed, the date on which the authorization begins, and the restrictions associated with the authorization.
- As soon as the Financial Services Registry is approved, it will automatically be updated
Is there anything I need to submit?
- Director and owner documentation, including their relevant experience, competence, and impeccable reputation (e.g., resumes)
- An overview of shareholders
- An organizational structure, financial model, and marketing plan are included in a business plan.
- Ensure that all company departments which may be exposed to security and integrity risks are documented in accordance with risk management procedures and policies.
What is the purpose of documentation?
This documentation is generally required for applicants in order to ensure that they comply with legislation related to anti-money laundering and counter-financing of terrorism, as well as that they can successfully operate in the market.
The application fee will not be refunded if the application is withdrawn during the authorization process. It is usually the case that applicants withdraw their applications when they are unable to supply all the required information or when they miss the deadline set by the law.
As a result of the FCA's rejection of the application, the applicant is reimbursed for the fee that was paid for the application. It is possible to resubmit the application.
A periodic fee is what it sounds like.
A periodic fee is required of authorized companies in addition to the permit application fee. This fee is calculated using a specific formula and reported by the FCA on a case-by-case basis. Companies are only required to pay part of the fee in the first year (based on how many months remain in the fee year).
Investing in crypto businesses in the UK has many advantages. What are they?
- The jurisdiction is renowned and recognized worldwide
- Remote registration of companies is possible
- Non-UK residents can apply for a license
- There is no requirement for a minimum capitalization
What is the process for opening a crypto company in the UK?
A UK company must be registered before applying for a cryptographic license. The Private Limited Company (Ltd) is one of the most popular business structures in the UK. In addition to protecting personal assets, reducing taxes, and enhancing professional image, they offer a number of benefits. It is possible to create a new company from abroad.
Minimum equity requirements do not exist. It is essential that at least one shareholder and one director, who may be the same person and a non-resident of the UK, be present for a private limited liability company to be formed in the UK.
In what way do crypto businesses get taxed?
Despite the lack of an effective and comprehensive regulatory framework for crypto assets, Her Majesty's Revenue and Customs Authority (HMRC) published the Crypto Assets Guide in March 2021 as a guide to current legislation outlining crypto-related tax obligations. In the guide, cryptographic enterprises and individuals are explained in detail what records they should maintain and what taxes they may owe.
In December 2018 and November 2019, policy documents entitled Cryptoassets: A Tax for Individuals and Cryptoassets: A Tax for Businesses were published.
Taxes apply to companies whose activities involve the exchange of tokens. Among these activities are:
- The trademark
- Other types of assets (including cryptocurrencies) can be exchanged for tokens
- Mine cryptocurrencies
- In exchange for tokens, products or services are provided
Changes are on the way?
In light of the rapidly evolving crypto industry, the tax regime of crypto assets may need to be improved or modified. In part because of this, each case is assessed individually when it comes to paying taxes.
According to UK tax law, the tax year runs from April 6 to April 5 of the following year. Depending on the nature of the business, as well as such indicators as income, profits and expenses, taxes are determined for the persons involved.
Can you tell me what taxes need to be paid?
- The corporate tax (CT) for the year 2019
- A 2% tax on digital services (DST) is levied
- Depending on the employee's earnings, national insurance rates vary
- A 20% VAT is charged
Corporation taxes: what are they?
Cryptocurrency companies can be subject to Corporation Tax depending on the legal structure of their business and this tax should be calculated on the basis of all trading token transactions that have taken place.
It is necessary to calculate a company's profit/loss after disposing of its markers in order to determine if they must pay tax to a corporation. The following items are removed:
- Token sales for fiat currency
- Tokens can be exchanged for other tokens
- Purchasing goods and services with tokens
- Other people can receive tokens from you
Digital service taxes: what are they?
A digital services tax defines online marketing services as one of three digital services activities. There is a tax on the cryptocurrency exchange, which facilitates cryptocurrency sales.
During a financial year, an online market is not considered to be an online market if more than half of its revenues come from trading financial instruments, goods, or foreign exchange. In spite of this, it is unlikely that businesses dealing in crypto assets will be exempt from taxes since crypto assets are not included among these categories.
How much VAT do I have to pay?
Cryptocurrencies and traditional currencies can be exchanged without VAT, as a rule.
For UK companies, what are the reporting requirements?
In the United Kingdom, financial statements must be prepared according to financial reporting standards. The financial statements and company records must be maintained for six years after the last financial year of the company.
Most companies are audited as a matter of course. In the case of small companies, liability may be exempted if at least 10% of their shares (by value or quantity) are held by shareholders who request it in writing. The company's registered office must be notified at least one month before the end of the financial year for which the audit is requested. Regardless of the size of the issuer, audits were required for all electronic money providers, but other cryptographic product and service providers must consult the appropriate authorities.
How does the UK's business environment compare to that of other countries?
- The United Kingdom ranked 8th in the World Bank's 2019 Ease of Doing Business Index, which indicates a favorable business climate
- One of the least corrupt and most transparent countries in the world, the United Kingdom ranks 11th in the 2021 Corruption Perceptions Index.
- In the 2022 Economic Freedom Index, which examined judicial performance, tax burden, regulatory efficiency, freedom of investment, and other factors, the United Kingdom ranked 24th out of 177 countries.
- An attractive tax incentive program (such as double taxation agreements or R&D incentives.
- Regulatory innovation
- Flexible labour law
- Financial services and entrepreneurship are centered in London, the UK capital
How does the UK's business structure differ from other countries?
In order to participate in fully authorized cryptographic activities, you can choose from a variety of business structures.Businesses are most commonly organized as Private Companies Limited by Shares (Ltd), Public Limited Companies (Plcs) and Limited Liability Partnerships (LLPs).
All of them have one thing in common - shareholders are only liable for the value of their investments.
Before I start crypto activity, do I need permission from the authorities?
If a cryptographic company plans to engage in these activities in the UK, it will require FCA permission to operate:
- A cryptocurrency can be exchanged for fiat money or vice versa, or one cryptocurrency can be exchanged for another cryptocurrency
- Automate the process of exchanging fiat currency for cryptocurrencies (such as an ATM)
- Storage and transfer of cryptocurrency on behalf of clients or private cryptographic keys
An authorization process can take six to twelve months and costs 2000 GBP (2350 EUR) - 10000 GBP (around 12000 EUR). We are happy to offer a personalized consultation that will help you decide whether the UK is the right jurisdiction for your company if you wish to learn more about crypto authorization in the UK.
Additional information
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