North Carolina Senate Overrides Governor’s Veto to Pass Federal CBDC Ban Bill
In a Senate vote to override the veto, 12 Democrats who initially supported North Carolina's bill to ban CBDCs switched their stance.
Key Takeaways:
Legal Recognition of Digital Assets: The proposed legislation introduces a new property category under UK law to clarify the legal status of digital assets such as cryptocurrencies, non-fungible tokens (NFTs), and carbon credits. The bill recognises these digital assets as “things,” providing a clear legal framework and establishing that they can be subject to personal property rights.
Regulatory Requirements for Crypto Businesses: The bill establishes a licensing regime for crypto service providers, such as exchanges, wallet providers, and custodians. These businesses will need to obtain a licence from the UK Financial Conduct Authority (FCA) and comply with strict regulations regarding anti-money laundering (AML), counter-terrorism financing (CTF), security measures, and transparency.
Promoting Innovation and Consumer Protection: The legislation aims to balance regulating the crypto market and fostering innovation. It introduces a regulatory sandbox that allows businesses to test new digital asset products and services in a controlled environment. This approach encourages innovation while ensuring adequate consumer protection and market stability.
As digital assets expand, regulatory frameworks need help keeping pace. The United Kingdom (UK) government has taken a proactive approach, introducing a new bill to clarify the legal status of cryptocurrencies and digital assets within its jurisdiction.
Overview
The UK government issued a notice stating that the Property Bill would clarify the legal status of non-fungible tokens (NFTs), cryptocurrencies, and carbon credits. The proposed legislation aims to introduce a new category for property under UK law, recognising digital assets as things. Labour MP and Minister of State Heidi Alexander said, “It is essential that the law keeps pace with evolving technologies, and this legislation will mean that the sector can maintain its position as a global leader in crypto assets and bring clarity to complex property cases.” The bill seeks to establish a clear and comprehensive regulatory environment that will provide legal certainty for crypto businesses, protect consumers, and encourage innovation. This legislative move is part of the UK’s ambition to become a global leader in the financial technology sector.
A Comprehensive Legal Framework for Digital Assets
The newly proposed bill, the Digital Assets Regulation and Facilitation Act (DARFA) aims to create a robust legal framework for cryptocurrencies and other digital assets in the UK. The bill addresses several key areas, including the legal recognition of digital assets, licensing requirements for crypto businesses, and the obligations of crypto exchanges and custodians. The government aims to reduce ambiguity and build trust in the sector by providing a clear definition and legal status for digital assets.
One of the bill’s most notable aspects is the introduction of a new category for digital assets under UK law. This category will encompass various types of digital assets, such as cryptocurrencies, stablecoins, and digital securities. The bill specifies that these assets will be recognised as legal property, giving them the same legal protections as traditional financial instruments. This is expected to provide much-needed clarity for businesses, investors, and legal professionals regarding digital asset ownership, transfer, and custody.
Licensing and Regulatory Requirements for Crypto Business
A central component of the bill is the introduction of a licensing regime for businesses operating within the crypto space. Under the new framework, all crypto service providers, including exchanges, wallet providers, and custodians, must obtain a UK Financial Conduct Authority (FCA) licence. The licensing process will thoroughly assess the applicant’s business model, financial health, security protocols, and compliance with anti-money laundering (AML) and counter-terrorism financing (CTF) regulations. The licensing regime aims to enhance consumer protection by ensuring that only reputable and compliant businesses can operate in the UK market. It also seeks to prevent illicit activities such as money laundering, fraud, and market manipulation within the crypto industry.
The UK government hopes to foster a safer and more transparent environment for crypto businesses and consumers by setting clear regulatory standards and guidelines. The bill also includes provisions to enhance the accountability and transparency of crypto exchanges and custodians. These entities must implement robust security measures, conduct regular audits, and maintain adequate capital reserves to cover potential losses. Failure to comply with these requirements could result in hefty fines, licence suspensions, or even criminal prosecution in severe cases. The law was introduced following a 2023 report commissioned by the UK Ministry of Justice. The report found that “some digital assets are neither things in possession nor things in action, yet the law of England and Wales still considers them capable of being classified as things to which personal property rights can apply.”
Promoting Innovation While Ensuring Consumer Protection
While the bill primarily focuses on regulation and compliance, it also seeks to promote innovation and growth within the UK’s crypto and fintech sectors. The government recognises the potential of blockchain technology and digital assets to drive economic growth, enhance financial inclusion, and improve the efficiency of financial services. As such, the bill includes several provisions to encourage innovation while maintaining a balance between regulation and flexibility. One such provision is introducing a “sandbox” framework, which will allow crypto businesses to test new products and services in a controlled environment under the supervision of the FCA.
This regulatory sandbox fosters innovation by enabling companies to experiment with the latest technologies and business models without being subject to the total regulatory burden. It also allows regulators to understand better-emerging risks and challenges in the rapidly evolving crypto space. In addition to the sandbox, the bill outlines a framework for issuing and regulating stablecoins; digital assets pegged to a stable value such as a fiat currency. Stablecoins are increasingly being used for payments, remittances, and other financial transactions, and the UK government aims to establish a clear legal framework to support their use. The bill requires stablecoin issuers to meet specific reserve and transparency requirements to ensure they are adequately backed and can maintain their value.
A Step Towards Global Leadership in Crypto Regulation
The introduction of the Digital Assets Regulation and Facilitation Act marks a significant step forward for the UK in its quest to become a global leader in crypto regulation. By providing a clear and comprehensive legal framework for digital assets, the government hopes to attract more crypto businesses, investors, and talent to the UK, thereby bolstering its position as a hub for financial innovation.
The bill has been met with a positive response from the crypto industry and legal experts, who see it necessary to bring clarity and legitimacy to the sector. However, there are also concerns about the potential impact of over-regulation on innovation and market growth. Some industry stakeholders argue that the bill could stifle innovation by imposing excessive regulatory burdens on startups and smaller players. They advocate for a more balanced approach that promotes growth and innovation while protecting users and maintaining market integrity.
As the bill moves through the legislative process, it will likely be the subject of intense debate and scrutiny from lawmakers, regulators, and industry stakeholders. The outcome of these discussions will play a crucial role in shaping the future of the UK’s crypto landscape and its ability to compete on the global stage. If successfully implemented, the bill could serve as a model for other countries looking to regulate digital assets and foster innovation in the crypto space.