91天堂原創

FCA Data Shows 85 Percent Of Attempted Crypto Registrations Fail

January 31, 2023
Request a Demo
Back
The UK Financial Conduct Authority (FCA) has published new data showing that the vast majority of registration applications by crypto firms are either refused, withdrawn or rejected.

The UK Financial Conduct Authority (FCA) has published new data showing that the vast majority of registration applications by crypto firms are either refused, withdrawn or rejected.

In new feedback released this week, the FCA that in its three years as the UK鈥檚 supervisor of crypto-asset businesses, only 15 percent of registration applications it has received were successful.

Since January 2020, when the FCA took on the registration regime, it has received more than 300 applications to date.

In total, only 41 applications have been approved, whereas 195 (74 percent) have been refused or withdrawn, and 29 (11 percent) have been rejected outright.

Sarah Pritchard, executive director of markets supervision, policy and competition at the FCA, this is the 鈥渕ost significant鈥 failure or withdrawal rate the FCA has ever seen when taking on a new remit.

鈥淎s part of the registration process we identified significant failures in relation to key controls such as customer due diligence, risk assessments, transaction and ongoing monitoring, governance and management information,鈥 she .

鈥淚n many cases, key personnel lacked appropriate knowledge, skills and experience to carry out allocated roles and control risks effectively, and were unable to evidence they met the standards for registration.鈥

Under the FCA鈥檚 current registration regime, applications are considered based on their compliance with the provisions of the , also known as the Money Laundering Regulations (MLRs).

As of this week, the FCA said it has begun publishing feedback on these applications to educate future applicants on what constitutes a high-quality or low-quality application.

In turn, the FCA hopes this will improve the overall quality of applications and help make the application process simpler and more efficient for crypto firms.

FCA tools for crypto firms

Going forward, the FCA is advising crypto firms to consult its feedback page and make use of the tools and information provided there.

For example, a FCA shows firms whether registration is necessary for their type of business and the regulator also highlights specific rules within the MLRs that show firms whether registration is necessary based on geographic criteria.

Novel firms with 鈥渋nnovative business models鈥 are reminded that they can register and receive support through the FCA鈥檚 or schemes.

All applicants are also reminded that they must appoint a money laundering reporting officer (MLRO) or nominated officer who has sufficient knowledge, experience and training to ensure understanding of and compliance with the MLRs.

鈥淭hey should demonstrate that they have adequate skills and experience to manage the particular risks from dealing with crypto-assets and the risks from related activities like custody, exchange and initial coin offerings (ICO),鈥 said the FCA.

鈥淲e will also look carefully if they have a track record of regularly resigning from successful applicants once these applicants are registered or authorised and then joining another new applicant seeking authorisation or registration.鈥

The FCA added that it expects the MLRO to be 鈥渇ully involved鈥 in the preparation of the application.

FCA鈥檚 future crypto remit

Although the FCA鈥檚 current registration regime is focused primarily on AML controls, in future the FCA expects that other aspects of the crypto industry will come under its supervision.

Last month, when speaking at a Treasury Committee hearing, Pritchard gave several examples of what these areas are likely to be.

The first was stablecoin regulation, which has been added to the Financial Services and Markets Bill (FSMB) and is currently under consideration by parliament.

Pritchard said the FCA sees crypto-assets as an area of potential innovation for the UK payment system, and stablecoins as the most likely expression of that potential.

The other areas mentioned by Pritchard were customer protection and financial promotion rules.

鈥淚t is a real concern for us that there is a disconnect in relation to the understanding of risk by consumers, particularly young consumers,鈥 she said.

鈥淭hat is why we are very focused on working to support the introduction of rules on financial promotion, the marketing of crypto-assets, which the government has signalled will come into our regime.鈥

Although the final set of rules have yet to be decided, Pritchard said they are expected to be similar to the FCA鈥檚 proposals for other high-risk investments made in August last year.

For example, with crypto-assets, the FCA is preparing to move away from the generic 鈥淵our capital is at risk鈥 warnings towards more explicit warnings such as: 鈥淒o not invest unless you are prepared to lose your money. This is a high-risk investment.鈥

For other high-risks investments, the FCA has already introduced 24-hour cooling-off periods and a ban on inducements, such as 鈥渞efer a friend鈥 bonuses, and these measures are likely to be extended to crypto in future.

Our premium content is available to users of our services.

To view articles, please Log-in to your account. Alternatively, if you would like to gain access to the tools that will help you navigate compliance risk with confidence please get in touch today.

Request a demo

Simply complete the fields below to register your interest. You鈥檒l then be given the option to book a specific appointment with our team.

You understand that by completing this form, you are also signing up to receive marketing communications from us. You can opt out of such communications at any time. Please see our .

Submission sent
Please enter a work email address
Please select an industry of interest
Still can鈥檛 find what you鈥檙e looking for?
Get in touch to speak to a member of our team, and we鈥檒l do our best to answer.
Contact us
No items found.