UK government to bring crypto adverts into FCA’s oversight

abdelaziz Fathi

The UK Government plans to toughen up rules on crypto advertising that could be considered misleading. The Exchequer is proposing to bring the promotion of crypto-assets into the scope of the FCA’s existing oversight, rather than creating a new framework specifically for these products.

Citing concern over investor protection, the HM Treasury said that even companies that sell regulated investments with an underlying cryptocurrency element might need FCA authorization to do so depending on their activities.

“This will balance the desire to encourage innovation with the need to ensure that crypto asset advertisements are fair, clear, and not misleading. The Government’s decision to bring these types of advertisements into the scope of regulation will mitigate the risks of consumer harm, ensuring people have the appropriate information to make informed investment decisions,” the treasury said.

Providing the FCA with power to regulate the promotion of certain types of cryptoassets, for the first time, would be the quickest way of doing this and stamping out misleading advertising.

HM Treasury said that a dearth of regulation around cryptocurrencies and revenant financial products had left investors exposed to many risks without any of the protections usually afforded to retail investors, such as access to compensation.

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Britons want to get rich quick

The authority further explains that the current regulation requires unauthorized firms to get their promotions approved by a regulated firm before they can promote a particular financial product. This, however, failed to keep up with the expanding number of cryptocurrency products coming to market. Instead, the government proposes that even regulated firms need to pass through the FCA’s gateway and obtain a specific consent before being approved to promote cryptocurrency products.

The FCA has recently published the findings of independent complementary research, which showed that UK consumers buying virtual coins are often looking for ways to ‘get rich quick.’ Many of those interviewed perceived crypto assets as a shortcut to easy money and wealth.

According to the FCA, crypto fraudsters were increasingly using social media to promote their schemes, often using fake celebrity endorsements and images of expensive cars and watches to persuade victims.

The City watchdog has already banned the sale of derivatives based on cryptocurrencies, in what was its first major intervention in the nascent market. The ban prohibits the sale of derivatives, including CFDs, options, and futures, based on cryptocurrency prices to retail investors.

The FCA doesn’t consider cryptocurrencies themselves regulated assets, but derivatives on the back of them fall under its powers of oversight.

 

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