Regulation
Interview with Mark Gofaizen, Senior Partner at Gofaizen & Sherle
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There is a lot to consider regarding the potential effects of the upcoming Markets in Crypto-Assets (MiCA) regulation on the cryptocurrency market. Mark Gofaizen, an experienced cryptocurrency regulatory compliance specialist, is here today to share his thoughts. Gofaizen is a senior partner at Gofaizen & Sherle and has actively assisted cryptocurrency companies with intricate regulatory changes. We will discuss the implications of MiCA for cryptocurrency service providers, the opportunities and challenges it raises, and how companies can best prepare for this new regulatory landscape.
U.Today: Can you briefly explain what MiCA is for our readers?
Mark Gofaizen: MiCA, or Markets in Crypto-Assets, is a regulatory framework aimed at harmonizing rules for crypto companies and assets within the European Union. This is a key development for cryptocurrency service providers, including exchanges, wallet services, and payments providers, among others. MiCA seeks to establish a secure and transparent operating environment in the crypto community, prioritizing customer protection first. This framework also highlights the growing relevance of the crypto economy to the overall economic health of the EU. In essence, MiCA is a set of rules that brings the management of crypto finance closer to that of traditional finance, covering areas such as capital requirements, anti-money laundering and terrorist financing (AML/CTF), customer data collection, protection, compliance and more .
The MiCA (Markets in Crypto-Assets) regulation will come into force on December 30, 2024. However, companies will be given a transition period extending until May 2025 to fully comply with the new requirements. This transition phase is critical for cryptocurrency service providers to adapt their operations and ensure full compliance with the MiCA global regulatory framework.
U.Today: What are the most significant changes MiCA will bring to crypto regulations in the EU?
Mark Gofaizen: Firstly, the capital requirements stipulate that companies must have a minimum paid-up capital of €125,000, which is substantial for small and medium-sized enterprises (SMEs). Second, AML/CTF requirements imply, among other things, the need for more highly trained personnel, additional reporting and increased documentation. Customer identification is also a significant aspect. Data protection is another important issue on the agenda. As an owner or manager of an SME, you need to stay in line with all regulatory changes, keep track of important dates, prepare reports and work closely with authorities. The good news is that these changes are not immediate and companies have a transition period to hire staff and find all the necessary partners. However, this is crucial for the operational part of the business: it consumes a lot of time and resources that could otherwise be allocated to business development. Our goal as a consultancy firm is to take on most of these tasks. We handle the paperwork, legal aspects, hiring and accounting and also assist in finding an office.
U.Today: How will these new regulations affect small and medium-sized crypto businesses?
Mark Gofaizen: I am actively collaborating with crypto-asset service providers (CASPs) in the EU, particularly in Lithuania, which is a key market. I have observed that most companies are willing to operate under MiCA regulations. However, this will inevitably have an impact on the cryptocurrency market. Over the next three to five years, we can expect to see a consolidation of the market, resulting in fewer but larger companies. MiCA is designed to improve the security and transparency of the cryptocurrency market for consumers. However, this will also increase the barrier to entry, requiring newcomers to have more resources from the start. The market is evolving into a more mature and complex phase and will certainly look very different in five years.
U.Today: Why is legal support crucial for companies facing these new regulations?
Mark Gofaizen: Cryptocurrency market regulation has always been complex and requires in-depth knowledge of each country’s laws to navigate various jurisdictions and languages. Typically, companies have two options: build an in-house legal team or hire a legal services provider in a crucial jurisdiction. With the rapid transformation of European cryptocurrency regulations, solid legal support has become increasingly vital. Timeliness and accuracy are essential, as is maintaining communication with local authorities. During this transition phase, companies need reliable legal guidance to ensure compliance and reliability, as well as the ability to provide 24-hour support.
U.Today: What are some practical steps companies can take to adapt to these new rules?
Mark Gofaizen: Many companies are making the transition to comply with MiCA regulations. In Lithuania, we benefit from cooperative authorities who are gradually aligning market conditions with MiCA standards. This change brings the regulatory framework for crypto-asset service providers (CASPs) increasingly in line with that of traditional financial institutions such as banks.
When it comes to actionable measures, the first decision for any company is whether to continue operating in the cryptocurrency market under strict rules, which include thorough oversight and reporting. The second step is to prepare your company to meet the basic requirements: guarantee the minimum paid-up capital, meet management qualifications and obtain the necessary licenses. Next, it is critical to evaluate how these changes will affect operational processes and determine the additional staff needed to comply. This leads us to consider internal company training versus external recruiting.
U.Today: Do you think we will see many smaller companies merge or go out of business due to higher regulatory costs?
Mark Gofaizen: Many companies are able to adhere to MiCA regulations. However, current trends suggest that some may choose to shift their primary markets. This could involve targeting different market areas or moving to more accommodating jurisdictions. As a result, we may see companies migrating from the EU to find favorable conditions in places like the United Arab Emirates, El Salvador, Canada, among others. Despite this, the EU market has substantial value for these companies and we can anticipate market consolidation. Major market players are likely to benefit from these regulatory changes. For many smaller businesses, this period represents an opportunity to evolve their business models and position themselves for growth over the next three to five years.
U.Today: Despite stricter regulations, what opportunities do you see for growth in the EU cryptocurrency market?
Mark Gofaizen: Identifying opportunities amidst these changes is truly fascinating. As mentioned, it is a time of growth and strategic reevaluation. The more mature, secure and stable the cryptocurrency market becomes, the more competitive it will be compared to the traditional financial sector. Large companies recognize this and have created internal crypto departments to keep up with current trends. However, I believe that the most valuable ideas and projects will emerge from small and medium-sized enterprises (SMEs).
U.Today: What are the current demands of the cryptocurrency industry for the future workforce?
Mark Gofaizen: As professionals, we are applying our traditional financial expertise to create a new crypto economy. The industry’s current priority is the recruitment of anti-money laundering officers and compliance professionals, reflecting the maturation of the industry. This dynamic field offers the satisfaction of seeing direct results and influencing business outcomes. We have launched an educational initiative to train graduates in AML, thus facilitating the entry of new talent into crypto finance. Furthermore, there is a growing demand for legal experts. Lawyers with a solid understanding of traditional finance are critical to the continued development and evolution of the cryptocurrency industry.
U.Today: Can you share an example of how your company helped a client successfully navigate regulatory challenges?
Mark Gofaizen: We have been helping clients navigate the regulatory changes that accompany the growth of the cryptocurrency industry for many years. This was the case when Estonia changed its main law on VASPs in 2020, and again in 2022. We also assisted Lithuania and Poland when their regulators made important legislative changes. Our support included meeting capital raising requirements, updating internal procedural rules, amending AML/KYC policies, providing regulators with company descriptions and much more. In short, we have extensive experience guiding and adapting businesses during times of regulatory change.
As for MiCA, there are no completed cases on the market yet, so there are no guidelines from the regulator. However, there are European standards that indicate what regulators expect in terms of documentation. We are already helping customers start preparing their documentation according to MiCA standards. This mainly concerns electronic money issuers (EMI licenses) and payment service providers. We understand regulators’ expectations regarding cybersecurity policies, business plans, business continuity plans, risk assessments and more. As a result, we are already working with customers to prepare a set of documents that will help them launch much more quickly once the final MiCA guidelines are issued.
U.Today: What do you think will be the biggest changes in the cryptocurrency industry in the coming years and how should companies prepare?
Mark Gofaizen: MiCA represents the first major turning point in the EU. I believe this framework could influence other markets, especially in North America. Another significant change is the growing interest and investment from institutional investors. When established financial institutions engage in the crypto space, they introduce a level of legitimacy and stability, potentially leading to broader adoption.
In terms of blockchain technology, we are seeing improvements in scalability and transaction speed, which could impact the entire market.
U.Today: Thanks for your time, Mark. We learned a lot about regulations and MiCA from this in-depth talk. We now have a better understanding of the obstacles and possibilities facing the cryptocurrency industry thanks to your experience. We value your insightful opinions and are excited to see how these laws will impact cryptocurrency development in the future.
Regulation
Cryptocurrency Regulation in Slovenia 2024
Slovenia, a small but highly developed European country with a population of 2.1 million, boasts a rich industrial history that has contributed significantly to its robust economy. As the most economically developed Slavic nation, Slovenia has grown steadily since adopting the euro in 2007. Its openness to innovation has been a key factor in its success in the industrial sector, making it a favorite destination for cryptocurrency enthusiasts. Many believe that Slovenia is poised to become a powerful fintech hub in Europe. But does its current cryptocurrency regulatory framework support such aspirations?
Let’s explore Slovenia’s cryptocurrency regulations and see if they can push the country to the forefront of the cryptocurrency scene. My expectations are positive. What are yours? Before we answer, let’s dig deeper.
1. Cryptocurrency Regulation in Slovenia: An Overview
Slovenia is known for its pro-innovation stance, providing a supportive environment for emerging technologies such as blockchain and cryptocurrencies. Under the Payment Services and Systems Act, cryptocurrencies are classified as virtual assets rather than financial or monetary instruments.
Regulation of the cryptocurrency sector in Slovenia is decentralized. Different authorities manage different aspects of the ecosystem. For example, the Bank of Slovenia and the Securities Market Agency supervise cryptocurrency transactions to ensure compliance with financial laws, including anti-money laundering (AML) and counter-terrorist financing regulations. The Slovenian Act on the Prevention of Money Laundering and Terrorist Financing (ZPPDFT-2) incorporates the EU’s Fifth Anti-Money Laundering Directive (5MLD) and aligns with the latest FATF recommendations. All virtual currency service providers must register with the Office of the Republic of Slovenia.
2. Cryptocurrency regulation in Slovenia: what’s new?
This year, there have been several noteworthy developments in the cryptocurrency sector in Slovenia:
July 25, 2024: Slovenia has issued a €30 million on-chain sovereign digital bond, the first of its kind in the EU, with a yield of 3.65%, maturing on 25 November 2024.
May 14, 2024: NiceHash has announced the first Slovenian Bitcoin-focused conference, NiceHashX, scheduled for November 8-9 in Maribor.
3. Explanation of the legal framework for cryptocurrency taxation in Slovenia
Slovenia’s cryptocurrency tax framework provides clear guidelines for both individuals and businesses. According to the Slovenian Tax Administration, tax treatment depends on the status of the trader and the nature of the transaction.
- Individuals: Income earned from cryptocurrencies through employment or ongoing business activities is subject to personal income tax. However, capital gains from trading or market fluctuations are exempt from taxation.
- Society: Capital gains from cryptocurrency activities are subject to a corporate income tax of 19%. Value added tax (VAT) generally applies at a rate of 22%, although cryptocurrency transactions considered as means of payment are exempt from VAT. Companies are not allowed to limit payment methods to cryptocurrencies only. Tokens issued during ICOs must comply with standard accounting rules and the Corporate Tax Act.
4. Cryptocurrency Mining in Slovenia: What You Should Know
Cryptocurrency mining is not restricted in Slovenia, but the income from mining is considered business income and is therefore taxable. This includes rewards from validating transactions and any additional income from mining operations. Both natural persons and legal entities must comply with Slovenian tax regulations.
5. Timeline of the evolution of cryptocurrency regulations in Slovenia
Here is a timeline highlighting the evolution of cryptocurrency regulations in Slovenia:
- 2013:The Slovenian Tax Administration has issued guidelines according to which income from cryptocurrency transactions should be taxed.
- 2017:The Slovenian Tax Administration has provided more detailed guidelines on cryptocurrency taxation, based on factors such as the trader’s status and the type of transaction.
- 2023The EU has adopted the Markets in Cryptocurrencies Regulation (MiCA), which establishes a uniform regulatory framework for cryptocurrencies, their issuers and service providers across the EU.
Final note
Slovenia’s approach to the cryptocurrency industry is commendable, reflecting its optimistic view of the future of cryptocurrency. The country’s balanced regulatory framework supports cryptocurrency innovation while protecting user rights and preventing illegal activities. Recent developments demonstrate Slovenia’s commitment to continuously improving its regulatory environment. Slovenia’s cryptocurrency regulatory framework sets a positive example for other nations navigating the evolving cryptocurrency landscape.
Read also: Cryptocurrency Regulation in Hong Kong 2024
Regulation
A Blank Slate for Cryptocurrencies: Kamala Harris’ Regulatory Opportunity
Photo by The Dhage of Shubham ON Disinfect
As the cryptocurrency landscape continues to evolve, the need for clear regulation has never been greater.
Vice President Kamala Harris is now leading the charge on digital asset regulation in the United States, presenting a unique opportunity for a clean slate. This fresh start can foster innovation and protect consumers. It can also pave the way for widespread adoption across industries, including real estate agencies, healthcare providers, and online gambling platforms like these online casinos in the uk. According to experts at SafestCasinoSites, these platforms have advantages such as bonus offers, a wide selection of games, and various payment methods. Ultimately, all this increased adoption could push the cryptocurrency market forward.
With that in mind, let’s take a look at the current state of cryptocurrency regulation in the United States, which is a complex and confusing landscape. Multiple agencies, including the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Financial Crimes Enforcement Network (FinCEN), have overlapping jurisdictions, creating a fragmented regulatory environment. This lack of clarity has hindered innovation, as companies are reluctant to invest in the United States, fearing regulatory repercussions. A cohesive and clear regulatory framework is urgently needed to unlock the full potential of cryptocurrencies in the United States.
While the US struggles to find its footing, other countries, such as Singapore and the UK, are actively embracing the cryptocurrency industry with clear and supportive regulatory frameworks. This has led to a brain drain, with companies opting to set up in more hospitable environments.
Vice President Kamala Harris has a unique opportunity to change this narrative and clean up the future. cryptocurrency regulation. By taking a comprehensive and inclusive approach, it can help create a framework that balances consumer protection with innovation and growth. The time has come for clear and effective regulation of cryptocurrencies in the United States.
Effective regulation of digital assets is essential to fostering a safe and innovative environment. Key principles guiding this regulation include clarity, innovation, global cooperation, consumer protection, and flexibility. Clear definitions and guidelines eliminate ambiguity, while encouraging experimentation and development to ensure progress. Collaboration with international partners establishes consistent standards, preventing regulatory arbitrage. Strong safeguards protect consumers from fraud and market abuse, and adaptability allows for evolution in response to emerging trends and technologies, striking a balance between innovation and protection.
The benefits of effective cryptocurrency regulation are many and far-reaching. By establishing clear guidelines, governments can attract investors and traditional users, spurring growth and adoption. This, in turn, can position countries like the United States as global leaders in financial technology and innovation. Strong protections will also increase consumer confidence in digital assets and related products, boosting economic activity.
A thriving cryptocurrency industry can significantly contribute to GDP and job creation, which has a positive impact on the overall economy. Furthermore, effective regulation has paved the way for the growth of many companies such as tech startups, online casinos, and pharmaceutical companies, proving that clear guidelines can unlock new opportunities without stifling innovation. This is a great example of how regulation can alleviate fears of regressive policies, even if Kamala Harris does not repeal the current progressive approach. By adopting effective regulation, governments can create fertile ground for the cryptocurrency industry to thrive, driving progress and prosperity.
Regulation
Think You Own Your Crypto? New UK Law Would Ensure It – DL News
- The UK Law Commission has developed a bill that will address a situation of legal uncertainty.
- The commission’s goal is to ensure that cryptocurrencies are legally treated as personal property.
UK law is not entirely clear whether cryptocurrencies can be considered personal property.
This is according to the UK Law Commission, which argues that while most investors assume that when they buy cryptocurrencies, they are “acquiring property rights in the same way as buying, say, a watch or a laptop.”
“As the law currently stands, this is not necessarily the case,” the respected legal body said in a new report on Tuesday.
The report was accompanied by a solution: a new bill to consolidate the legal status of digital assets as personal property.
This could be huge for the estimated 4.7 million Britons valued hold cryptocurrencies.
“This will allow the courts to determine a range of issues,” the report says.
If passed, the law would help clarify how cryptocurrencies are treated in cases of bankruptcy, estate planning or theft.
Flexible law
The commission is an independent body responsible for reviewing UK law. It began investigating whether English and Welsh property laws apply to digital assets in 2020.
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At the time, then-Chancellor of the Exchequer Rishi Sunak expressed ambitions to transform the UK into a cryptocurrency hub as Britons invested more.
In 2023, the commission decided that, in most cases, the legislation of England and Wales is sufficiently flexible to regulate cryptocurrencies.
This means that any asset, from Bitcoin to non-fungible tokens and some types of digital contracts, can be considered personal property, without Parliament having to write extensive new laws.
There was one small area of uncertainty, however: it was unclear whether cryptocurrencies fell within the two categories of personal property recognised under UK law.
These two categories are made up of tangible assets (cars, laptops, bags) and intangible assets (contracts, stocks, and debt).
The bill that will now go to Parliament to be converted into law aims to remedy this situation.
Without that clarification, courts may try to lump cryptocurrencies together with intangible assets, said Adam Sanitt, head of litigation, knowledge, innovation and corporate support EMEA at law firm Norton Rose Fulbright. DL News in March.
This is problematic because intangible assets are creations of the legal system, while cryptocurrencies are not.
“How the law treats digital assets, what rights you have over them, how you own them, how you transfer them to other people—that treatment is different, because digital assets don’t exist by virtue of the legal system, but independently of it,” Sanitt said.
The money in your bank account, for example, is a legal creation. The government could pass a law to cancel it.
However, if the UK passed a law banning Bitcoin, Bitcoin would not cease to exist.
Sanitt said: “That’s why digital assets are so important: neither the government nor the legal system can take them away from you.”
Contact the author at joanna@dlnews.com.
Regulation
The Solution the Cryptocurrency Industry Needs
The cryptocurrency industry has performed remarkably well since its inception, but now faces a critical hurdle that requires careful consideration and regulatory expertise to overcome. Despite the industry’s rapid growth and rate of global adoption, the gap between the industry and global regulation is only widening as new innovations break through into the public domain.
Although efforts are being made on both sides, regulators’ lack of familiarity with cryptocurrencies and the industry’s lack of regulatory expertise are hindering innovation in the sector. To address this issue, traditional financial institutions (TradFi) such as MultiBank Group have started venturing into the cryptocurrency sector.
The regulatory gap
Over the past decade, the cryptocurrency industry has grown dramatically as tech entrepreneurs and forward-thinking thinkers have founded a plethora of crypto platforms and protocols to push the boundaries of the space. The problem faced by these newcomers, who are often unfamiliar with the hurdles posed by financial regulators, can quickly overwhelm and stall operations.
On the other hand, regulators more attuned to TradFi systems may be equally stifled by the complexities of decentralization and blockchain technology. The unfamiliarity experienced by both innovators and regulators creates a stark regulatory divide between both sides, leading to misunderstandings and potential conflicts.
To overcome this lack of communication, a bridge must be built to bridge the gap, ensuring future stability for the cryptocurrency industry and clearer legislation from regulators.
Efforts to bridge the gap between industry
The gap between the cryptocurrency industry and regulators is slowly narrowing as efforts to regulate cryptocurrencies and Web3 space activities are gaining momentum. Specific regulatory actions are taking place in many countries, aimed at providing greater oversight of cryptocurrency transactions, cryptocurrency exchanges, and initial coin offerings (ICOs).
Despite being a positive step in the right direction, these new regulations can differ significantly between jurisdictions around the world. This fragmentation results in a regulatory environment filled with obstacles, bottlenecks, and varying requirements and prohibitions. As cryptocurrency companies and TradFi institutions attempt to navigate the minefield, the regulatory maze becomes increasingly convoluted.
TradFi institutions like MultiBank Group are working to solve this problem, as one of the largest financial derivatives institutions in the world with over 12 licenses across all continents. Founded in 2005, the Group has an impeccable and trustworthy reputation globally, extensive expertise in financial regulation and has now ventured into the cryptocurrency space via MultiBank.io.
MultiBank.io: TradFi Excellence in the Crypto Space
Expanding into the cryptocurrency space via MultiBank.io has enabled MultiBank Group to provide regulatory clarity and trust to the digital asset industry. With a substantial daily trading volume of $12.1 billion, the timely decision to enter the cryptocurrency space has the potential to set regulatory precedents and standards for years to come.
By helping to develop sensible and well-considered regulations, MultiBank.io’s established reputation allows the company to communicate effectively and clearly with regulators. Unlike others in the industry without regulatory expertise, MultiBank.io facilitates the Group’s commitment to rigorous regulatory standards, the scope of oversight and establishes the necessary transparency.
The company’s approach ensures that regulatory licenses are pre-acquired, compliance is met globally without jurisdictional barriers, and transactions remain secure at all times. By helping to create robust regulations that are both clear and innovation-friendly, MultiBank Group looks forward to standardizing the entire cryptocurrency industry for other potential innovators.
One of the biggest challenges in establishing a clearly constructed bridge between regulators and the cryptocurrency industry is effective communication. By leveraging its institutional background TradFi and acting as an intermediary with regulators, MultiBank Group is able to translate the needs of the industry to those who shape it.
This quality of mediation is essential to ensure that regulation helps develop essential technological advances rather than hinders their establishment and growth. Through the lens of TradFi when looking at the complexity of the cryptocurrency industry, MultiBank Group is able to deconstruct unfamiliar crypto arguments for regulation and create a safer and more secure space.
Where TradFi and Crypto Meet
Regulations are crucial for traders, investors, and everyday users of crypto platforms and their safety when participating in crypto markets. While strict regulations are necessary for stable market integrity, innovation should still be considered, something MultiBank Group considers a priority.
Where TradFi and cryptocurrencies converge, the Group is there to provide a balanced approach to ensure promotion for both the cryptocurrency industry and regulators seeking to protect both retail and institutional investors. This balance is critical to maintaining a thriving space where cryptocurrency innovation can thrive without compromising the security of user funds or data.
As more TradFi institutions like MultiBank Group enter the cryptocurrency space with ever-expanding expertise in regulatory understanding, the future of the industry is increasingly encouraged. The financial freedoms of the cryptocurrency space coupled with regulatory oversight for financial security will be the guiding lights for the future success of the entire cryptocurrency industry.
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