WFE Response to the Financial Conduct Authority – Guidance on Cryptoassets

In its response, the WFE highlights the importance of distinguishing between so-called cryptoasset exchanges and the regulated, secure and lit markets that real exchanges provide. The WFE cautions that careless usage of the label exchange may give investors a false sense of security, leading them to believe such platforms meet the regulatory standards of real exchanges that are regulated and offer transparent public markets. In describing a platform as an exchange, they should demonstrate that they meet appropriate standards. If the term exchanges is going to be used in relation to cryptoasset platforms, the WFE urges the FCA to enforce standard exchange regulations to ensure cryptoasset platforms are compliant with the rules adhered to by exchanges.

The WFE also believes that, particularly with consumer protection and market integrity in mind, cryptoasset platforms and their users would benefit from greater clarity as regards regulatory obligations e.g. in relation to registration, licensing, and investor disclosure.

With regards to the cryptoassets that platforms make available for trading, the WFEs response can be summarised as follows:

• Regulators are concerned that, if the cryptoasset environment continues to grow unrestrained, and without clear regulatory guidance, it could conceivably pose a risk to financial stability globally. Accordingly, the WFE believes that any regional debate should inform the international policy agenda, to ensure regulatory coherence across jurisdictions.
• The WFE welcomes the FCAs definition and categorisation of cryptoassets into three main token types – exchange, security and utility tokens – and, in general, agrees with its regulatory assessment. A global approach to coherent regulation of the growing crypto-market requires standardised labelling of assets in circulation.
• While recognising the potential for tokens to be used to facilitate regulated payments, the WFE believes the market requires more time to mature and develop. In addition, due to the volatility associated with exchange tokens, the WFE believes that coins considered e-money (stablecoins) would be better suited to facilitate regulated payments than other exchange tokens.