Regulation
Is Europe ready for MiCA?
Europe is currently at a turning point in cryptocurrency regulation. The European Union has approved the Markets in Crypto-Assets Regulation (MiCA), which will establish uniform rules for crypto-assets across the EU market. Some of which many believe consumers have desperately needed for some time. This is an excerpt from The future of digital banking in Europe Report 2024.
MiCA will apply from 30 December 2024 and will cover digital assets that are not currently regulated by other financial services legislation. The regulation will standardize the issuance, trading and management of cryptocurrencies and will include provisions on transparency, disclosure, authorization and supervision of transactions.
The regulation also aims to support market integrity and financial stability and, importantly, ensure that consumers are better informed about the risks associated with crypto-assets as they transition from Crypto Winter to Crypto Spring. The rules will also stipulate that cryptocurrency is easier to track, but at the same time more difficult for criminals and terrorists to use.
From Winter to Spring: Restoring Trust in Cryptocurrencies
In 2024 and beyond, humans and our increasingly intelligent machine counterparts will continue to come together to create a whole new world. Interactions between consumers and businesses are expected to reach new levels, redefining customer service and how individuals experience it.
MiCA’s goal is to safeguard cryptocurrency users and provide a safe and secure environment by imposing regulations that ensure the protection of retail investors. However, one of the most important challenges in instilling consumer confidence has been the lack of clear legal definitions and classifications.
While the new regulation addresses this issue by classifying various crypto assets into distinct categories, such as e-money tokens, asset-referenced tokens, and utility tokens, enforcement of this may not be as simple. Furthermore, while regulation can support consumer confidence in digital payment forms or banking services, what impact will MiCA have on European cryptocurrency markets once it comes into force? Is Europe prepared?
According to Amarjit Singh, EY EMEIA blockchain lead, “MiCA has the opportunity to bring certainty to the regulatory treatment of digital assets and cryptocurrencies across the EU. Companies have prepared based on the original regulatory announcement, but As a fast-moving sector, it is vital to keep the focus on things moving quickly to ensure the EU continues to develop Level 2 and Level 3 texts at the right pace.”
What Singh is referring to here are the ESMA and EBA legal instruments called Regulatory Technical Standards (RTS), Implementing Technical Standards (ITS) and Guidelines, which will support authorities and companies captured by MiCA. Before standards or guidelines are adopted, the EBA and ESMA must consult with experts and other interested parties to ensure that they are fit for purpose.
Preparation must be established at the right pace, but with price fluctuations and emerging technologies, this can be difficult to achieve. This means that further guidance needs to be released as developments occur.
Tokenization: scalable, efficient and secure?
In early 2024, the UK government has promised to pass primary legislation ensuring user privacy in the event of a future digital pound. In response to a consultation, the Treasury and the Bank of England reiterated that, although no final decision has been made, work will continue into the design phase. Concerns that emerged included access to cash, user privacy and control over their funds.
To address these concerns, the UK Treasury has confirmed that if a digital pound were to be implemented, primary legislation would be introduced to ensure privacy and control. At the time, Economic Secretary to the Treasury, Bim Afolami, said: “We are at an exciting time of innovation in money and payments, and we want to ensure the UK is ready should the decision to build a digital pound be taken into the future. future. This is the last phase of our national debate about the future of our money – and it is far from the last. We will always ensure that people’s privacy is paramount in any project, and any implementation would be parallel to, and not instead of, traditional cash.”
Deputy Governor for Financial Stability, Sarah Breeden, added: “Trust in all forms of money is an absolute necessity. We know that the decision whether or not to introduce a digital pound in the UK will be important for the future of money. It is It is essential to build this trust and have the support of the public and businesses who would benefit if they were introduced.”
Alongside this, Victoria Cleland, executive director for banking and payments at the Bank of England, explored the impact of the UK’s real-time gross settlement system on the bank’s work on a wholesale digital currency central.
“An RTGS service that is open longer, with more and different types of participants, and offers synchronization to a wider range of ledgers, could achieve many of the benefits often associated with wholesale CBDCs. It would realize our vision of an all-encompassing platform. “wholesale with more efficient and resilient wholesale payments provided by a competitive, mixed ecosystem of companies And, importantly, it would not require the creation of an entirely new payments infrastructure.”
A 24/7 nuclear settlement future
It’s clear that progress is being made to ensure tokenization is scalable, efficient and secure. Months later, in March 2024, the UK government’s Technology Working Group, chaired by Michelle Scrimgeour, published a report on the second phase of her work: Further Fund Tokenisation: Achieving Investment Fund 3.0 Through Collaboration. The report expands on the potential use cases of fund tokenization, the use of tokens as collateral for money market funds, and the role tokenized funds play in a fully “on-chain”; investment market that will streamline back-office functionality.
In this regard, Afolami said: “I am pleased to welcome today’s report from the Asset Management Taskforce’s Technology Working Group. As we work to grow the economy, the UK is ideally placed to harness the transformative capabilities of technology in this sector, combining our expertise in innovation and investment management. This report shows – once again – that the UK is on the pioneering side. For the third phase of its work, the Technology Working Group will now shift its focus to how the UK investment management sector can exploit the opportunities presented by artificial intelligence.”
Singh commented on this and said that: “The second report from the Investment Association and the UK’s HM Treasury Asset Management Taskforce sheds light on how critical it is to bring tokenisation from funds to the wider financial services ecosystem. Just as the Internet matured from Web1 to Web3, financial markets will mature, from Markets1 where we wrote trade receipts, to Markets2 where we have centralized trading, to Markets3 which is hyper-personalization, tokenization, and 24/7 atomic settlement 7.
DLT-based designs provide instant settlement by eliminating any time lag between trading and settlement, and simultaneous settlement by allowing all stages of multiple linked transactions to be settled simultaneously. Atomic liquidation is sometimes used to refer to simultaneous, instantaneous liquidation, but while simultaneous liquidation is probably always desirable, instantaneous liquidation may not be. For example, while real-time settlement can eliminate risk, instant settlement can limit the number of trades allowed and result in a greater liquidity burden, since trading and settlement are decoupled and traders can only sell securities they already own.
Where DLT comes in is that it can enable an expanded settlement environment. This is also applicable in the case of CBDC, where the technology can be used to implement a CBDC to execute and settle peer-to-peer transactions. However, even this form of transaction is not without risks.
According to Pallavi Thakur, director, innovation according to Swift, as interest in CBDCs and exploration of tokenization advances grows, there is a risk that solutions based on different technologies and regulatory standards will be developed, creating fragmentation. This could lead to the emergence of systems that are unable to effectively communicate with each other and function across digital boundaries. These are, in effect, “digital islands” that will create inefficiencies and prevent tokenized solutions from expanding and reaching their full potential.
“For these reasons, we believe that ensuring interoperability between tokenized financial solutions is the most important step in enabling widespread adoption of the technology on a global scale. Ensuring system interoperability will also be key to ensuring that tokenization benefits from robust security protocols that can protect against cyber attacks and fraud. Interoperability, by design, will also be key to ensuring that tokenization benefits from robust security protocols that can protect against cyberattacks and fraud.
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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