Breaking: FCA Warns of ICOs, Focusing on Firms Engaging in Regulated Activities | Finance Magnates (2024)

The UK’s Financial Conduct Authority (FCA) has just warned investors against the speculative risks inherent with initial coin offerings (ICOs). The announcement comes less than a week after the regulator promised to maintain close scrutiny on ICOs, amidst industry growth in token-based fundraising activities.

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The FCA said: "Businesses involved in an ICO should carefully consider if their activities could mean they are arranging, dealing or advising on regulated financial investments.

Each promoter needs to consider whether their activities amount to regulated activities under the relevant law. In addition, digital currency exchanges that facilitate the exchange of certain tokens should consider if they need to be authorised by the FCA to be able to deliver their services."

The announcement is noteworthy as it reflects a more concrete stance from one of the industry’s paramount regulatory authorities. Authorities in China and elsewhere have gone even further, banning ICOs outright in a bid to rein in token crowd sale efforts.

‘High risk’ ventures

Earlier this year, the FCA issued a discussion paper outlining its concerns over the risks posed by Cryptocurrencies on market integrity, consumer protection, competition and risk management measures. The regulator also noted that it may separately regulate some aspects of Blockchain technology that fall outside existing financial services rules.

Breaking: FCA Warns of ICOs, Focusing on Firms Engaging in Regulated Activities | Finance Magnates (1)

While a relatively new funding mechanism, ICOs have become all the rage across the industry as businesses look to fund their respective ventures. Typically, ICO issuers accept popular cryptocurrencies such as Bitcoin or Ethereum in exchange for a proprietary ‘coin’ or ‘token’ that is dedicated to a specific firm or project.

Most common is a promise and pledge to acquire a small share of the firm conducting the ICO – in many cases this takes the form of a prepayment voucher for future services, or in some cases offers no discernible value at all. The FCA views this practice as highly speculative, carrying exorbitant levels of risk for investors.

Consequently, the regulator cautions investors against engaging in ICO or token sales given the aforementioned risks. It says that only experienced investors that are familiar with a given project should engage.

Most critically, the vast majority of ICOs are not regulated by the FCA or any other regulatory authority. This blind spot creates the potential for abuse and fraudulent activity given that these sales operate outside the influence of authorities. There is very limited investor protection in the UK relating to them, meaning that you are likely not entitled to protections under the Financial Services Compensation Scheme (FSCS).

The prospect of high price volatility is also problematic, and can result in the loss of your entire investment. Coupled with this is vulnerability for fraud. While ICO white papers outline the conditions of token sales, the probability of misleading or outright false statements remains extremely high and should not be relied upon via unregulated groups.

The UK’s Financial Conduct Authority (FCA) has just warned investors against the speculative risks inherent with initial coin offerings (ICOs). The announcement comes less than a week after the regulator promised to maintain close scrutiny on ICOs, amidst industry growth in token-based fundraising activities.

Register now to the London Summit 2017, Europe’s largest gathering of top-tier retail brokers and institutional FX investors

The FCA said: "Businesses involved in an ICO should carefully consider if their activities could mean they are arranging, dealing or advising on regulated financial investments.

Each promoter needs to consider whether their activities amount to regulated activities under the relevant law. In addition, digital currency exchanges that facilitate the exchange of certain tokens should consider if they need to be authorised by the FCA to be able to deliver their services."

The announcement is noteworthy as it reflects a more concrete stance from one of the industry’s paramount regulatory authorities. Authorities in China and elsewhere have gone even further, banning ICOs outright in a bid to rein in token crowd sale efforts.

‘High risk’ ventures

Earlier this year, the FCA issued a discussion paper outlining its concerns over the risks posed by Cryptocurrencies on market integrity, consumer protection, competition and risk management measures. The regulator also noted that it may separately regulate some aspects of Blockchain technology that fall outside existing financial services rules.

Breaking: FCA Warns of ICOs, Focusing on Firms Engaging in Regulated Activities | Finance Magnates (2)

While a relatively new funding mechanism, ICOs have become all the rage across the industry as businesses look to fund their respective ventures. Typically, ICO issuers accept popular cryptocurrencies such as Bitcoin or Ethereum in exchange for a proprietary ‘coin’ or ‘token’ that is dedicated to a specific firm or project.

Most common is a promise and pledge to acquire a small share of the firm conducting the ICO – in many cases this takes the form of a prepayment voucher for future services, or in some cases offers no discernible value at all. The FCA views this practice as highly speculative, carrying exorbitant levels of risk for investors.

Consequently, the regulator cautions investors against engaging in ICO or token sales given the aforementioned risks. It says that only experienced investors that are familiar with a given project should engage.

ADVERTIsem*nT

Most critically, the vast majority of ICOs are not regulated by the FCA or any other regulatory authority. This blind spot creates the potential for abuse and fraudulent activity given that these sales operate outside the influence of authorities. There is very limited investor protection in the UK relating to them, meaning that you are likely not entitled to protections under the Financial Services Compensation Scheme (FSCS).

The prospect of high price volatility is also problematic, and can result in the loss of your entire investment. Coupled with this is vulnerability for fraud. While ICO white papers outline the conditions of token sales, the probability of misleading or outright false statements remains extremely high and should not be relied upon via unregulated groups.

Breaking: FCA Warns of ICOs, Focusing on Firms Engaging in Regulated Activities | Finance Magnates (2024)

FAQs

What happens if you break FCA rules? ›

The FCA will seek to deprive an individual of the financial benefit derived directly from the breach (which may include the profit made or loss avoided) where it is practicable to quantify this. The FCA will ordinarily also charge interest on the benefit.

What is the FCA warning list? ›

The FCA's Warning List is a list of firms and individuals that the FCA knows are operating without its authorisation. It also notes the risks associated with a particular investment opportunity. You should also check the firm's details with directory enquiries or Companies House to make sure they're the same.

Why is the FCA focusing on financial incentives? ›

3.1 The way staff are paid can have a significant influence on the way they behave. So incentive schemes that reward staff for achieving appropriate outcomes for their customers can, if properly implemented, reduce the risk of customer harm.

What does the FCA focus on? ›

We have the power to make rules applying to firms, for both their regulated and unregulated activities. Our focus is primarily on regulated activities when advancing our operational objectives of consumer protection and promoting competition in the interests of consumers.

What is a breach of the FCA Code of Conduct? ›

Breaches: Misleading a client, falsifying documents, and mismarking a trading position's value. Rule 2: You must act with due skill, care and diligence. Breaches: Failing to explain investment risks to customers or undertaking transactions without a reasonable understanding of the risks involved.

What are the potential consequences of breaching the FCA guidelines? ›

We use a wide range of enforcement powers – criminal, civil and regulatory – to protect consumers and act against firms and individuals that don't meet our standards. These powers include imposing financial penalties, prohibiting individuals from carrying out regulated activities, public censure and prosecution.

What are the examples of conduct risk in FCA? ›

More well-known areas of conduct risk appear to be reasonably well understood by employees, such as conflicts of interest, treating customers fairly, diversity and non-financial misconduct.

What actions can the FCA take? ›

prohibit specific individuals from conducting regulated activities. suspend firms and individuals from regulated activities. issue fines where there has been a breach of their rules or if they commit market abuse. issue fines for breaches of competition laws.

What 4 key drivers do the FCA suggest are behind vulnerability? ›

4 key drivers of customer vulnerability
  • Health. Conditions or illnesses that affect one's ability to complete day-to-day tasks, both mentally and physically. ...
  • Life Events. Such as bereavement, job loss or relationship breakdown. ...
  • Resilience. Low ability to withstand and manage financial or emotional shocks. ...
  • Capability.

What are the disadvantages of the FCA? ›

The FCA's current challenges

One of the biggest current concerns for financial advisers is that any sanctions or regulatory restrictions imposed on a company are not available, and this information would not only be welcomed by customers using the service but would also help the public image of the sector.

How does FCA make money? ›

The FCA is an independent public body funded entirely by the fees paid by regulated firms. The FCA uses criminal, civil, and regulatory enforcement powers to protect consumers and act against firms and individuals that are not authorized.

Has the FCA been effective? ›

Action by the FCA has seen over £30m returned to people from businesses operating without authorisation. The FCA has issued over 1,800 warnings about potential scam firms so far in 2022, 400 more than the previous year, and the FCA's consumer hub has prevented £7m being lost to fraudsters.

What are the FCA regulatory priorities? ›

Our focus for 2024/25

We will seek to support long-term financial wellbeing for consumers and unlock innovation in retail investment markets through our work on the Advice Guidance Boundary Review. We will work with regulatory partners to ensure pension products deliver value for money.

Why is FCA regulation important? ›

To protect consumers, the FCA's rules and regulations ensure: Customers are treated fairly. Financial firms deliver appropriate products and services. Firms prioritise customer protection above profits and income.

What penalties can FCA impose? ›

The FCA has the following powers to impose sanctions.
  • (1) It may publish a statement: ...
  • (2) It may impose a financial penalty: ...
  • (3) It may impose a suspension, limitation or other restriction: ...
  • (4) It may impose a suspension, condition or limitation on an approved person under section 66 of the Act.
  • (5)

What happens if you breach conduct rules? ›

Disciplinary action means the issuing of a formal written warning, suspension or dismissal, or the reduction or recovery of remuneration.

Are FCA rules enforceable? ›

The FCA has a wide range of enforcement powers under the Act, including to: withdraw a firm's authorisation. prohibit specific individuals from conducting regulated activities. suspend firms and individuals from regulated activities.

Can the FCA fines individuals? ›

In certain cases, despite concerns about a person's behaviour or evidence of a rule breach, the FCA may decide that it is not appropriate, having regard to all the circ*mstances of the case, to bring formal action for a financial penalty or public censure.

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