Belgium’s financial regulator doesn’t consider crypto-assets like Bitcoin (BTC), and Ethereum (ETH), securities.
The Financial Services and Markets Authority (FSMA) released a statement in which it said cryptocurrencies that are issued solely by computer code do not constitute securities. After receiving increasing questions about the application financial rules to the asset class, the regulator has responded.
Win to BTC, Ethereum
With a prominent financial regulator trying to address one major grey area in the sector’s industry, FSMA’s latest clarification can be viewed as a win-win for the community. A crypto-asset does not constitute security if it has no issuer.
“If there is no issuer, as in cases where instruments are created by a computer code and this is not done in execution of an agreement between issuer and investor (for example, Bitcoin or Ether), then in principle the Prospectus Regulation, the Prospectus Law and the MiFID rules of conduct do not apply.”
The authority stated that crypto-assets classified as non-securities may be subject to additional laws and regulations. This applies only if the assets have a payment function .”
, which means that a firm uses them “as a medium for exchange”.
FSMA considers Belgium’s “stepwise” plan technology-agnostic. It does not depend on what technology is used to qualify as a security, financial instrument or investment instrument. It also said that the regulator would keep the plan updated as needed.
According to the regulator, the step-wise plan would act as a guideline until the adoption of the European Parliament’s Markets in Crypto Assets Regulation (MiCA), which is slated for the beginning of 2024.
A precedent for the US?
Belgium may have set a precedent in regulatory framework around the world. This is contrary to Gary Gensler’s views on the US Securities Exchange Commission, where Ripple Labs continues its battle with the regulator over XRP.
The agency had earlier claimed that 99% of cryptocurrency trading is most likely security trading and comes under their purview of regulations.
Also, Ethereum’s move to proof-ofstake also placed industry back in the crosshairs HTML3_ HTML3_ after Gensler suggested that PoS-based coins might be subject to securities laws.
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