The Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2025
Draft 2025, ISBN 9780348277586
Draft Regulations laid before Parliament under sections 71S(2) and 429(2A) and (3) of, and paragraph 26(2)(a) of Schedule 2 to, the Financial Services and Markets Act 2000 (c. 8), for approval by resolution of each House of Parliament.
FINANCIAL SERVICES
Made ***
Coming into force in accordance with regulation 1(2) and (3)
The Treasury make these Regulations in exercise of the powers conferred by sections 21(5), (6), (9), (10) and (15), 22(1) and (5), 71K, 71L, 71M, 71N(2) and (5), 71O(2), (10) and (11), 71P, 71Q, 71R and 428(3) of, and paragraph 25 of Schedule 2 to, the Financial Services and Markets Act 2000 (“the Act”)f1.
In the opinion of the Treasury, one of the effects of these Regulations is that an activity which is not a regulated activity (within the meaning given by section 22 of the Act) will become a regulated activity.
In accordance with sections 71S(2) and 429(2A) and (3) of, and paragraph 26(2)(a) of Schedule 2 to, the Actf2, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament.
Annotations to the whole text
Footnotes
- f1
-
2000 c. 8. Sections 71K to 71S were inserted by section 8(2) of the Financial Services and Markets Act 2023 (c. 29). Section 428(3) was amended by section 66(3) of that Act. Paragraph 25 of Schedule 2 was amended by section 8 of the Financial Services Act 2012 (c. 21) and section 27 of the Financial Guidance and Claims Act 2018 (c. 10).
- f2
-
Subsections (2A) and (2B) of section 429 were inserted by section 136 of the Financial Services (Banking Reform) Act 2013 (c. 33). Subsections (2B)(aa) and (ab) were inserted by section 8(8)(a) of the Financial Services and Markets Act 2023. Subsection (4)(e) was amended by section 27 of the Financial Guidance and Claims Act 2018. There are other amendments that are not relevant to this instrument.
Contents
- Part 1: General
- 1Citation, commencement and extent
- 2Interpretation: general
- Part 2: Markets in cryptoassets: designated activities
- Chapter 1: Qualifying cryptoasset public offers and admissions to trading
- Interpretation
- 3Interpretation: qualifying cryptoasset public offers and admissions to trading
- 4“Issuing qualifying stablecoin” and the “issuer” of that qualifying stablecoin
- 5“Offer of a qualifying cryptoasset to the public”
- 6“Qualifying cryptoasset disclosure document” and “supplementary disclosure document”
- Designated activities: qualifying cryptoasset public offers and admissions to trading
- 7Designated activities: public offers of qualifying cryptoassets
- 8Designated activities: admissions to trading on a qualifying cryptoasset trading platform
- Designated activity rules: qualifying cryptoasset public offers and admissions to trading
- 9Designated activity rules: qualifying cryptoasset public offers and admissions to trading
- Prohibition of public offers of qualifying cryptoassets
- 10Prohibition of public offers of qualifying cryptoassets
- Disclosure of information
- 11Disclosure of information
- Qualifying cryptoasset disclosure document and supplementary disclosure document
- 12Responsibility for disclosure documents
- 13General requirements to be met by a qualifying cryptoasset disclosure document or supplementary disclosure document
- 14Compensation for statements in a qualifying cryptoasset disclosure document or supplementary disclosure document
- 15Withdrawal rights
- 16Application of section 85 of the Act (contravention of prohibition relating to public offer of securities)
- Chapter 2: Market abuse in qualifying cryptoassets and related instruments
- Interpretation: market abuse in qualifying cryptoassets and related instruments
- 17Interpretation: market abuse in qualifying cryptoassets and related instruments
- 18Inside information
- 19Market manipulation
- Designated activities: use and disclosure of inside information and market manipulation
- 20Designated activities: use and disclosure of inside information and market manipulation
- FCA powers: designated activity rules
- 21Designated activity rules: market abuse in qualifying cryptoassets and related instruments
- Prohibited use of inside information (insider dealing)
- 22Prohibited use of inside information (insider dealing)
- 23Exclusions: insider dealing
- Unlawful disclosure of inside information
- 24Prohibition on the disclosure of inside information
- 25Exclusions: prohibition on the disclosure of inside information
- 26Public disclosure of inside information
- 27Public disclosure of inside information: delayed disclosure
- Market manipulation
- 28Prohibition of market manipulation
- 29Exclusions: market manipulation
- Systems and procedures to prevent, detect and disrupt market abuse of relevant qualifying cryptoassets and related instruments
- 30Systems and procedures for trading relevant qualifying cryptoassets and related instruments
- Insider lists for relevant qualifying cryptoassets and related instruments
- 31Insider lists for relevant qualifying cryptoassets and related instruments
- Information sharing
- 32Cases in which sharing of information authorised or required
- 33Protected disclosures
- Legitimate cryptoasset market practice
- 34Legitimate cryptoasset market practice
- Chapter 3: General provisions relating to cryptoasset designated activities
- Reporting of infringements
- 35Reporting of infringements
- Rule-making powers of the FCA
- 36Disapplication or modification of rules
- Power of the FCA to give directions
- 37Power of the FCA to give directions
- Designated activity enforcement by the FCA: cryptoasset designated activities
- 38FCA’s power to require information from persons not subject to a requirement imposed by virtue of any other provision of this Part: cryptoasset designated activities
- 39Liability for contravention of a prohibition in regulation 22, 24 or 28
- Part 3: Amendment of the Regulated Activities Order
- 40Amendment of the Regulated Activities Order
- Part 4: Amendment of the Act
- 41Amendment of the Act
- Part 5: Amendment of the Financial Promotion Order
- 42Amendment of the Financial Promotion Order
- Part 6: Consequential amendment of other secondary legislation
- 43Amendment of the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001
- 44Amendment of the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001
- 45Amendment of the Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001
- 46Amendment of the Electronic Money Regulations 2011
- 47Amendment of the Alternative Investment Fund Managers Regulations 2013
- 48Amendment of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- 49Amendment of the Payment Services Regulations 2017
- 50Amendment of the Financial Services and Markets Act 2000 (Prudential Regulation of FCA Investment Firms) (Definitions for the purposes of Part 9C) Regulations 2021
- Part 7: Savings and transitional provision
- Chapter 1: Interpretation and relevant application period
- 51Interpretation
- 52Relevant application period
- Chapter 2: Cryptoasset saving provision
- 53Saving provision for decisions not fully determined
- 54Notification by a person to whom regulation 53 applies
- Chapter 3: Cryptoasset transitional provision
- 55Application of the cryptoasset transitional provision
- 56Temporary exemption relating to pre-existing contracts
- 57Notification by a person to whom regulation 56 applies
- 58Information to be supplied to a party to a contract with a person to whom regulation 56 applies
- 59Variation and cancellation of an exemption under regulation 56
- 60Restrictions on financial promotions
- 61Information gathering
- 62Publication of information
- 63Public censure
- Chapter 4: Consultation relating to rules and guidance by the FCA
- 64Consultation relating to rules and guidance by the FCA
- Part 8: Review
- 65Review
- Signature
- Schedule 1: Exceptions from prohibition of offers to the public
- Part 1: Offers not contravening prohibition
- General exceptions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Qualifying stablecoin
- 5Paragraph 5
- Offer of qualifying cryptoassets admitted to trading
- 6Paragraph 6
- Offer of qualifying cryptoassets to directors or employees
- 7Paragraph 7
- Part 2: Supplementary provisions relating to Part 1
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 2: Compensation: exemptions
- Part 1: General exemptions
- Statements believed to be true
- 1Paragraph 1
- Correction of statements
- 2Paragraph 2
- Statements by experts
- 3Paragraph 3
- Correction of statements by experts
- 4Paragraph 4
- Official statements
- 5Paragraph 5
- Belief that supplementary disclosure document not called for
- 6Paragraph 6
- Meaning of “expert”
- 7Paragraph 7
- Part 2: Further exemption relating to forward-looking statement
- “Protected forward-looking statement”
- 8Paragraph 8
- Exemption from liability
- 9Paragraph 9
- Explanatory note