The UK government has announced its intention to introduce new legislation for stablecoins and staking services within the next six months. The move is part of the government’s vision to make the UK a global leader in crypto innovation and regulation.
What are stablecoins and staking?
Stablecoins are digital tokens that are backed by fiat currencies or other assets, and aim to maintain a stable value. They are often used as a means of payment, store of value, or settlement asset in the crypto ecosystem.
Staking is a process where users lock up their crypto assets in a network to support its security and operations, and receive rewards in return. Staking is a form of passive income for crypto holders, and also a way to participate in the governance of the network.
Why does the UK want to regulate them?
The UK government recognises the potential benefits and risks of stablecoins and staking for consumers, businesses, and the financial system. According to Bim Afolami, Economic Secretary to the Treasury, the government is “pushing very hard” for swift legislation on these issues, Bloomberg reported.
The government wants to ensure that stablecoins meet the same standards as other forms of money, such as deposits and e-money, in terms of consumer protection, financial stability, and market integrity. The government also wants to promote competition and innovation in the stablecoin market, and avoid any regulatory arbitrage or fragmentation.
The government also wants to support the development of staking services, which are currently not regulated in the UK. The government believes that staking can offer new opportunities for crypto investors, as well as enhance the security and efficiency of crypto networks. However, the government also acknowledges the challenges and risks of staking, such as technical complexity, cyberattacks, and tax implications.
How will the UK regulate them?
The UK government plans to bring forward secondary legislation as soon as possible, by early 2024, to bring stablecoin and staking activities within the regulatory perimeter. The legislation will be based on the Financial Services and Markets Act 2023 (FSMA 2023), which was passed in October last year.
The legislation will cover two aspects of stablecoins: their use in UK payment chains, and their issuance and custody in or from the UK. The use of stablecoins in payment chains will be regulated under the Payment Services Regulations 2017 (PSR 2017), which implement the EU’s Payment Services Directive. The issuance and custody of stablecoins will be regulated under the FSMA 2000 Regulated Activities Order 2001 (RAO), which defines the activities that require authorisation from the Financial Conduct Authority (FCA).
The legislation will also cover the provision of staking services in or from the UK, which will be regulated under the RAO as well. The FCA will be the main regulator for both stablecoin and staking activities, and will consult on the detailed rules and guidance for firms in due course.
The legislation will also empower the Bank of England, the FCA, and the Payment Systems Regulator to oversee systemic payment systems using stablecoins, and impose specific requirements on them. The Bank of England will also retain its power to designate any stablecoin system as a systemically important payment system, and apply its existing supervisory framework to it.
What are the implications for the crypto industry?
The UK’s proposed regulatory framework for stablecoins and staking is expected to have significant implications for the crypto industry, both domestically and internationally. The framework will provide more clarity and certainty for crypto firms and investors, and potentially attract more innovation and investment to the UK. The framework will also set higher standards and expectations for crypto firms, and require them to comply with various rules and obligations, such as capital, liquidity, governance, risk management, consumer protection, anti-money laundering, and tax.
The UK’s framework will also have an impact on the global crypto landscape, as the UK is one of the leading financial centres and crypto markets in the world. The UK’s framework will likely influence and inspire other jurisdictions that are also developing their own regulations for stablecoins and staking, such as the EU, the US, and Singapore. The UK’s framework will also pose some challenges and opportunities for cross-border cooperation and coordination among regulators, as stablecoins and staking are inherently global and borderless phenomena.
The UK’s framework will also have an effect on the future evolution and adoption of stablecoins and staking, as the regulation will shape the incentives and behaviour of crypto actors and users. The regulation will likely encourage more innovation and competition in the stablecoin market, as well as more participation and engagement in the staking ecosystem. The regulation will also likely enhance the trust and confidence in stablecoins and staking, as well as the overall crypto industry.