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As a result, an exchange facilitating secondary trading of cryptocurrencies only attracts licensing requirements to the extent such assets qualify as securities. In this case, a cryptocurrency exchange may also be considered a stock market or an automated trading system provider under the securities legislation. Further, while payment cryptocurrencies such as bitcoin are not regulated, bitcoin futures contracts trading on U.
The Monetary Authority of Singapore MAS does not regulate cryptocurrency per se but has been monitoring its use to assess if regulations are required in this area. Under this bill, MAS intends to regulate, among other activities, virtual currency services, which is the buying or selling of virtual currency or the provision of a platform that allows persons to exchange virtual currency in Singapore. Only virtual currency service providers that process funds or virtual currencies will fall within this new proposed regulatory ambit.
Virtual currency exchanges that possess funds will also be expected to hold a payment services license. In Australia, digital currency exchanges that trade cryptocurrencies or custodians who hold crypto-assets that are not characterised as financial products see INFO are not subject to regulatory oversight by the Australian Securities and Investments Commission ASIC under the Corporations Act However, if the digital currency exchange facilitates the trading of cryptocurrencies that are characterised as financial products see INFO the operator of that exchange will need to hold an Australian market licence with appropriate authorisations by ASIC.
Similarly, custodians who hold crypto-assets that are characterised as financial products are subject to ASIC regulation under the Corporations Act They are required to hold an Australian financial services licence AFSL that authorises them to provide custodial or depository services to clients with respect of financial products, and need to comply with obligations imposed upon them as AFSL holders.
As per the staff notice, cryptocurrency exchanges that permit the trading of coins, tokens or cryptocurrencies that qualify as "securities" will be subject to Canadian securities law requirements. Although the staff notice does not suggest that bitcoin itself is a security, some cryptocurrency exchanges may take the view that they are not subject to Canadian securities regulation because they do not permit the trading of securities.
However, many cryptocurrency exchanges also permit the trading of coins or tokens that may be securities, and some cryptocurrencies may also be considered securities. Accordingly, such cryptocurrency exchanges may be subject to Canadian securities laws to the extent there are Canadian market participants. So far, no cryptocurrency exchange has obtained the recognition required, or an exemption from such recognition requirement, in order to allow Canadians to participate in on-exchange securities trading.
AML and money services business laws may well apply to cryptocurrency exchanges operating in Canada or with Canadian clients. The Canadian Department of Finance recently published certain draft amendments under the Proceeds of Crime Money Laundering and Terrorist Financing Act affecting both financial and non-financial entities, including dealers in virtual currency and foreign money services businesses.
These amendments are expected to be published towards the end of with a view to implementation in early The proposed amendments introduce many new directives, including that persons and entities dealing in virtual currency are regulated as money services businesses. This will invariably impact well-known cryptocurrencies such as Bitcoin.
In its last evaluation of Canada in , the FATF identified several deficiencies in the Canadian model, which have been addressed by proposed amendments. In the United States, trading of crypto-assets is regulated by many different agencies at both the federal and state levels. To the extent a crypto-exchange permits certain regulated commodities transactions or swaps in crypto-assets, it will be subject to regulation by the Commodity Futures Trading Commission CFTC.
The U. Treasury Department's Financial Crimes Enforcement Network FinCEN deems businesses involved in buying and selling of cryptocurrency to customers or transferring cryptocurrency on behalf of customers to be money services businesses required to register with FinCEN and maintain AML compliance programs and follow other U.
With respect to applicable state law, New York State views the buying and selling of cryptocurrency as money transmission and has promulgated regulations requiring licensing of persons engaged in the virtual currency business. The DFS also has issued special "bitlicenses" to engage in certain virtual currency activities such as buying and selling specified virtual currencies and providing payment processing services for merchants accepting bitcoin in payment to several businesses.
The SEC regulates securities transactions, broker-dealers, investment advisers and other securities market participants. If a cryptocurrency or a product that is linked to a cryptocurrency is determined to be a security, the offer and sale of such cryptocurrency or product must comply with the U. Securities Act or compliance with an exemption from such registration. These obligations on sellers generally apply regardless of whether the crypt-asset is traded through a regulated exchange.
Additionally, a crypto-exchange needs to understand the various broker-dealer rules, registration requirements and exemptions under the U. Those who advise on the trading of crypto-assets that constitute securities, whether through an exchange or not, may need to register with the SEC under the U. Investment Advisers Act. The CFTC's regulatory jurisdiction includes commodity futures contracts, options on futures and swaps, but generally excludes spot contracts and forward transactions unless they are leveraged or financed.
The CFTC also has anti-fraud jurisdiction over the commodity spot and forward markets. In , the CFTC determined that bitcoin was properly defined as a commodity. To the extent another cryptocurrency falls under the definition of commodity, then futures, options, swaps and leveraged products involving such cryptocurrency are subject to regulation under the US Commodity Exchange Act. Anyone brokering or dealing in such transactions may be required to register with the National Futures Association NFA , for example as a futures commission merchant, introducing broker or swap dealer.
Moreover, certain products may only be sold to "eligible contract participants" even if traded on a regulated commodity crypto-exchange. Those who advise on the trading of crypto-assets that constitute commodities, whether through an exchange or not, may need to register with the NFA as a commodity trading adviser or a commodity pool operator.
There are approved cryptocurrency futures products being traded on different commodities exchanges such as the Chicago Mercantile Exchange and the CBOE Futures Exchange and through swap execution facilities such as LedgerX and TeraExchange. Both the SEC and the CFTC have issued numerous statements and advisories to the public to urge caution in investing in cryptocurrencies and take into consideration the various risks involved in investing in cryptocurrencies, including the fact that many of the systems and platforms on which trading occurs are not registered but perhaps should be or are located outside the United States and thus potentially outside the jurisdiction of U.
Simon Lovegrove is head of financial services knowledge — global, based in London. Albert Weatherill is an associate in the financial services group. The views expressed are their own. Addressing recent remand orders and decisions, the vaccine mandate, updates by multiple state-run OSHA programs and more.
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Like crypto-assets in general, the rise of cryptocurrency exchanges has not yet raised sufficient concerns from a financial stability perspective, but their. Unocoin ➔ Most Trusted Legal Crypto Exchange in India ✓ More than Million Clients Served ✓ Active Since Coinbase Global Inc. shares slumped about 3% in post-market trading after the biggest U.S. cryptocurrency exchange cautioned that trading.