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United Kingdom

Retail_Trading_Status

Allowed-Regulated Unknown
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Analysis ID
#190
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Archived
Created
2025-04-12 06:55
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Live

Executive Summary

Cryptocurrency trading is legally permitted but regulated in the UK, with the Financial Conduct Authority (FCA) as the primary regulator. Intermediaries must adhere to strict AML/KYC requirements and register with the FCA. The UK has implemented the FATF's Travel Rule and brought cryptoasset marketing under its financial promotions regime, while banning retail crypto-derivatives. The UK government is also working towards a more comprehensive regulatory framework for cryptoassets.

Key Pillars

The primary regulator is the Financial Conduct Authority (FCA). Key pillars include Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) registration for cryptoasset firms, requiring compliance with Know Your Customer (KYC) and Customer Due Diligence (CDD) procedures. Since October 8, 2023, a financial promotions regime regulates the marketing of cryptoassets to UK consumers, requiring firms to be authorized or registered by the FCA, or have their marketing approved by an authorized firm. The Financial Conduct Authority (FCA) mandates that promotion must be clear, fair and not misleading, labelled with prominent risk warnings and must not inappropriately incentivise people to invest.

Landmark Laws

Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs): These regulations, in effect since January 2020, require firms carrying out specific cryptoasset activities in the UK (such as exchanges and custodian wallet providers) to register with the FCA and comply with strict AML/CTF standards.
Financial Promotions Regime (October 8, 2023): This regime brought the marketing of 'qualifying cryptoassets' to UK consumers under the FCA's regulatory purview, requiring firms marketing cryptoassets to be authorized or registered by the FCA, or have their promotions approved by an FCA-authorized firm.
Ban on Retail Crypto-Derivatives (January 6, 2021): The FCA banned the sale, marketing, and distribution of certain crypto-derivatives (like CFDs, futures, options) and Exchange Traded Notes (ETNs) referencing cryptoassets to retail consumers.

Considerations

Cryptoassets are viewed as property for tax purposes by HM Revenue & Customs (HMRC), subjecting them to Capital Gains Tax (CGT) or Income Tax (IT) and National Insurance Contributions (NICs). The FCA consistently warns about the high-risk nature of cryptoasset investments, emphasizing their unregulated and volatile nature. Consumers should be prepared to lose all their invested money, and protection from the Financial Services Compensation Scheme (FSCS) or the Financial Ombudsman Service is generally unavailable. The FCA has also noted that since October 8, 2023, firms wishing to promote cryptoassets in the UK must, by law, be authorised or registered by the FCA, or have their marketing approved by an authorised firm.

Notes

The UK government is working on a more comprehensive regulatory framework for cryptoassets, including plans to regulate stablecoins, crypto lending, and potentially bring more activities under the full scope of financial services regulation. A Property (Digital Assets) Bill was introduced in Parliament in September 2024 to clarify the legal status of digital assets as personal property. The FCA published a 'Crypto Roadmap' in late 2024 outlining plans for increased regulation through 2026. The FCA has stated that crypto remains largely unregulated in the UK and high-risk, and that if something goes wrong, it is unlikely you will be protected so you should be prepared to lose all your money.

Detailed Explanation

The United Kingdom legally permits the buying, selling, and holding of cryptocurrencies by its citizens and residents, but this activity is regulated primarily by the Financial Conduct Authority (FCA), HM Treasury, and the Bank of England. While cryptoassets themselves (excluding security or e-money tokens) are not regulated as specific financial products, the activities of service providers like exchanges and custodian wallets are subject to significant regulation. Since January 2020, firms conducting specific cryptoasset activities in the UK must register with the FCA under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs), demonstrating compliance with AML/CTF standards, including KYC/CDD procedures, transaction monitoring, risk assessment, and the appointment of a Money Laundering Reporting Officer (MLRO). The UK has also implemented the FATF's 'Travel Rule.'

A major regulatory development occurred on October 8, 2023, when the marketing of 'qualifying cryptoassets' to UK consumers was brought under the FCA's financial promotions regime. This requires any firm marketing cryptoassets to UK consumers to be authorised by the FCA, registered under the MLRs, or have their promotion approved by an FCA-authorised firm. Promotions must be fair, clear, and not misleading, include prominent risk warnings, ban investment incentives, and implement 'positive frictions.' Failure to comply is a criminal offence. The FCA banned the sale, marketing, and distribution of certain crypto-derivatives and Exchange Traded Notes (ETNs) referencing cryptoassets to retail consumers, effective from January 6, 2021, due to concerns about volatility, valuation difficulties, market abuse risks, and inadequate consumer understanding. Professional investors can now access certain listed crypto ETNs (Bitcoin and Ethereum only, physically backed) on UK exchanges, but the ban remains for retail investors.

The FCA consistently issues warnings about the high-risk nature of cryptoasset investments, emphasizing that cryptoassets are largely unregulated, highly volatile, and consumers should be prepared to lose all their invested money. Protection from the Financial Services Compensation Scheme (FSCS) or the Financial Ombudsman Service is generally unavailable for losses related to direct cryptoasset investments. HM Revenue & Customs (HMRC) views cryptoassets as property for tax purposes, subjecting individuals to Capital Gains Tax (CGT) on profits from disposing of cryptoassets or Income Tax (IT) and National Insurance Contributions (NICs) if engaging in cryptoasset trading as a business or receiving cryptoassets as employment income.

The UK government and regulators are actively working on a more comprehensive regulatory framework for cryptoassets, including plans to regulate stablecoins used for payments, crypto lending activities, and potentially bring more cryptoasset activities under the full scope of financial services regulation (FSMA authorisation). A Property (Digital Assets) Bill was introduced in Parliament in September 2024 aiming to clarify the legal status of digital assets, including cryptoassets, as personal property under English and Welsh law. The FCA published a 'Crypto Roadmap' in late 2024 outlining plans for increased regulation through 2026. In summary, while individuals can freely buy, sell, and hold cryptoassets, the ecosystem is heavily regulated, particularly concerning service providers' AML obligations and how cryptoassets can be marketed to consumers. Specific high-risk products like derivatives are banned for retail investors, and the regulatory landscape continues to evolve towards greater oversight.

Summary Points

Here's a bullet-point summary of the Retail Cryptocurrency Trading Status in the United Kingdom, based on the provided report:

Retail Cryptocurrency Trading Status in the United Kingdom: Summary

I. Overall Regulatory Status:

  • Allowed-Regulated: Buying, selling, and holding cryptocurrencies by individuals is legal but subject to significant regulation.
    • Cryptoassets themselves (excluding security/e-money tokens) are generally not regulated as specific financial products.
    • Activities surrounding cryptoassets, especially by service providers, are heavily regulated.

II. Key Regulatory Bodies & Roles:

  • Financial Conduct Authority (FCA): Primary regulator overseeing cryptoasset activities.
    • Enforces AML/CTF regulations.
    • Oversees the financial promotions regime.
    • Issues consumer warnings.
  • HM Treasury: Involved in developing broader cryptoasset policy and legislation.
  • Bank of England: Contributes to the overall financial stability assessment related to cryptoassets.
  • HM Revenue & Customs (HMRC): Handles taxation of cryptoassets.

III. Key Legislation & Regulations:

  • Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs): Requires cryptoasset businesses (exchanges, custodian wallet providers) to register with the FCA for AML/CTF compliance.
  • Financial Promotions Regime (Effective October 8, 2023): Regulates the marketing of "qualifying cryptoassets" to UK consumers.
  • Economic Crime and Corporate Transparency Act: Impacts cryptoasset regulation, particularly regarding AML/CTF.
  • Property (Digital Assets) Bill (Introduced September 2024): Aims to clarify the legal status of digital assets, including cryptoassets, as personal property.

IV. Compliance Requirements:

  • AML/CTF Registration (for relevant businesses):
    • Compliance with MLRs since January 2020.
    • Robust Know Your Customer (KYC) and Customer Due Diligence (CDD) procedures.
    • Transaction monitoring.
    • Risk assessment.
    • Appointment of a Money Laundering Reporting Officer (MLRO).
    • Compliance with the FATF "Travel Rule" (sharing originator/beneficiary information).
  • Financial Promotions Compliance (for marketing cryptoassets):
    • Firms marketing to UK consumers must be FCA-authorised, MLR-registered, or have promotions approved by an FCA-authorised firm.
    • Promotions must be fair, clear, and not misleading.
    • Prominent risk warnings are required.
    • Investment incentives (e.g., 'refer-a-friend' bonuses) are banned.
    • 'Positive frictions' must be implemented:
      • Client categorization.
      • Appropriateness assessments.
      • 24-hour cooling-off period for first-time investors making direct offers.
  • Tax Compliance:
    • Capital Gains Tax (CGT) on profits from disposing of cryptoassets held as personal investments.
    • Income Tax (IT) and National Insurance Contributions (NICs) if trading as a business or receiving cryptoassets as employment income.

V. Notable Restrictions & Limitations:

  • Ban on Retail Crypto-Derivatives (Effective January 6, 2021): The sale, marketing, and distribution of certain crypto-derivatives (CFDs, futures, options) and Exchange Traded Notes (ETNs) referencing specific types of cryptoassets to retail consumers is prohibited.
    • This ban is due to volatility, valuation difficulties, market abuse risks, and inadequate consumer understanding.
    • Professional investors can access certain listed crypto ETNs (Bitcoin and Ethereum only, physically backed).
  • Limited Consumer Protection:
    • Cryptoassets are largely unregulated and high-risk.
    • Consumers should be prepared to lose all their invested money.
    • Protection from the Financial Services Compensation Scheme (FSCS) or the Financial Ombudsman Service is generally unavailable for direct cryptoasset investments.

VI. Recent Developments & Changes:

  • Financial Promotions Regime Implementation (October 8, 2023): Significant impact on how cryptoassets can be marketed to UK consumers.
  • Property (Digital Assets) Bill (September 2024): Aims to clarify the legal status of digital assets.
  • FCA "Crypto Roadmap" (Late 2024): Outlines plans for increased regulation through 2026.
  • Ongoing Regulatory Development: The UK government and regulators are actively working on a more comprehensive regulatory framework.
    • Plans to regulate stablecoins used for payments.
    • Plans to regulate crypto lending activities.
    • Potential to bring more cryptoasset activities under the full scope of financial services regulation (FSMA authorisation).

Full Analysis Report

Report: Retail Cryptocurrency Trading Status in the United Kingdom

Date: April 12, 2025

Prepared by: Specialized Financial Regulatory Analyst

Topic: Retail_Trading_Status (United Kingdom)


1. Current Status:

Allowed-Regulated

2. Narrative Explanation:

The buying, selling, and holding of cryptocurrencies (cryptoassets) by individual citizens and residents is legally permitted in the United Kingdom. However, this activity operates within a defined and evolving regulatory framework overseen primarily by the Financial Conduct Authority (FCA), HM Treasury, and the Bank of England [2, 9]. Therefore, the status is best described as Allowed-Regulated.

While cryptoassets themselves (with the exception of security tokens or e-money tokens) are not typically regulated as specific financial products like traditional securities [4, 9], the activities surrounding them, particularly those undertaken by service providers like exchanges and custodian wallet providers, are subject to significant regulation.

Key Regulatory Aspects:

  • Anti-Money Laundering (AML) / Counter-Terrorist Financing (CTF) Registration: Since January 2020, firms carrying out specific cryptoasset activities in the UK (such as exchanges and custodian wallet providers) must register with the FCA under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs) [4, 11, 16, 18]. This registration process involves demonstrating compliance with strict AML/CTF standards, including robust Know Your Customer (KYC) and Customer Due Diligence (CDD) procedures, transaction monitoring, risk assessment, and appointing a Money Laundering Reporting Officer (MLRO) [2, 7, 25, 26, 27]. The UK has also implemented the FATF's "Travel Rule," requiring the sharing of originator and beneficiary information for cryptoasset transfers [2, 7, 17, 25].
  • Financial Promotions Regime: A major regulatory development occurred on October 8, 2023, when the marketing of "qualifying cryptoassets" to UK consumers was brought under the FCA's financial promotions regime [6, 12, 13, 15, 20, 23]. This means that any firm marketing cryptoassets to UK consumers (regardless of the firm's location) must either be authorised by the FCA, registered under the MLRs, or have their promotion approved by an FCA-authorised firm [3, 13, 30]. The rules mandate that promotions must be fair, clear, and not misleading, include prominent risk warnings, ban investment incentives (like 'refer-a-friend' bonuses), and implement 'positive frictions' such as client categorization, appropriateness assessments, and a 24-hour cooling-off period for first-time investors making direct offers [7, 12, 13, 20]. Failure to comply is a criminal offence [3].
  • Ban on Retail Crypto-Derivatives: The FCA banned the sale, marketing, and distribution of certain crypto-derivatives (like CFDs, futures, options) and Exchange Traded Notes (ETNs) referencing specific types of cryptoassets to retail consumers, effective from January 6, 2021 [8, 21, 28]. This ban was implemented due to concerns about extreme volatility, valuation difficulties, market abuse risks, and inadequate consumer understanding [21]. While professional investors can now access certain listed crypto ETNs (Bitcoin and Ethereum only, physically backed) on UK exchanges, the ban for retail investors remains in place [22].
  • Consumer Warnings: The FCA consistently issues warnings highlighting the high-risk nature of cryptoasset investments. They emphasize that cryptoassets are largely unregulated, highly volatile, and consumers should be prepared to lose all their invested money. Protection from the Financial Services Compensation Scheme (FSCS) or the Financial Ombudsman Service is generally unavailable for losses related to direct cryptoasset investments [12, 24, 29, 31].
  • Taxation: HM Revenue & Customs (HMRC) views cryptoassets as property for tax purposes. Individuals are subject to Capital Gains Tax (CGT) on profits from disposing of cryptoassets held as personal investments, or Income Tax (IT) and National Insurance Contributions (NICs) if engaging in cryptoasset trading as a business or receiving cryptoassets as employment income [4]. The existence of a tax framework further indicates the legal recognition and regulated status of cryptoasset activities.
  • Ongoing Regulatory Development: The UK government and regulators are actively working on a more comprehensive regulatory framework for cryptoassets, moving beyond the current AML and financial promotions focus. This includes plans to regulate stablecoins used for payments, crypto lending activities, and potentially bring more cryptoasset activities under the full scope of financial services regulation (FSMA authorisation) [2, 5, 6, 7, 17, 19]. A Property (Digital Assets) Bill was introduced in Parliament in September 2024 aiming to clarify the legal status of digital assets, including cryptoassets, as personal property under English and Welsh law, offering greater legal protection to owners [2, 10]. The FCA published a "Crypto Roadmap" in late 2024 outlining plans for increased regulation through 2026 [6, 19, 29].

In summary, while individuals can freely buy, sell, and hold cryptoassets, the ecosystem is heavily regulated, particularly concerning service providers' AML obligations and how cryptoassets can be marketed to consumers. Specific high-risk products like derivatives are banned for retail investors, and the regulatory landscape continues to evolve towards greater oversight.

3. Relevant Text Excerpts:

  • On Legality & Regulation: "Cryptocurrency is legal in the UK, but it is not legal tender. Anyone can buy crypto assets from crypto asset providers and store them in digital wallets. [...] The Financial Conduct Authority (FCA) is the main financial regulator in the UK. It regulates crypto asset providers to ensure that they implement effective Anti-Money Laundering and Countering Terrorism Financing (AML/CFT) policies and procedures..." [2]
  • On AML/CTF Registration: "This brought businesses carrying on certain cryptoasset activities in the UK within scope of the MLRs [Money Laundering Regulations], requiring them to be registered with the FCA. In-scope cryptoasset businesses are expected to have been complying with the MLRs since 10 January 2020." [4]
  • On Financial Promotions: "Since 8 October 2023, firms wishing to promote cryptoassets in the UK must, by law, be authorised or registered by the FCA, or have their marketing approved by an authorised firm. Under FCA rules, promotions must also be clear, fair and not misleading, labelled with prominent risk warnings and must not inappropriately incentivise people to invest." [30]
  • On Financial Promotions Scope: "The financial promotions regime will apply to all firms marketing cryptoassets to UK consumers regardless of whether the firm is based overseas or what technology is used to make the promotion." [13]
  • On Retail Derivatives Ban: "the sale of crypto derivatives to retail consumers has been banned in the United Kingdom by the country's Financial Conduct Authority (FCA) beginning January 6, 2021. Specifically, the FCA banned the sale of derivatives and exchange traded notes (ETNs) 'that reference certain types of crypto assets to retail consumers.'" [8]
  • On Consumer Risk: "Currently, crypto remains largely unregulated in the UK and high-risk. If something goes wrong, it is unlikely you will be protected so you should be prepared to lose all your money." [29] (FCA Statement, Nov 2024)
  • On KYC/CDD: "Companies must implement a clear set of procedures to stay compliant with the AML requirements...This includes appointing a Money Laundering Reporting Officer (MLRO), staff training, risk assessment, conducting Customer Due Diligence (CDD), Simplified Due Diligence (SDD), and Enhanced Due Diligence (EDD)..." [7]
  • On Future Regulation: "The UK is currently working to introduce more comprehensive crypto regulations. This includes: Defining digital assets as legal property... Applying advertising and promotion regulations to crypto assets. Introducing robust regulation of crypto asset activities. Strengthening rules for crypto trading platforms. Creating a world-first regime for crypto lending... Providing a comprehensive regulatory framework for stablecoins." [2]

4. Source Links:

  • [2] Sumsub (2025 Guide): https://sumsub.com/blog/uk-crypto-regulations/ (Accessed via Google Search results)
  • [3] Dentons (Financial Promotions Regime, Apr 2024): https://www.dentons.com/en/insights/alerts/2024/april/25/the-uks-cryptoassets-financial-promotions-regime (Accessed via Google Search results)
  • [4] Global Legal Insights (Blockchain & Crypto Laws UK, Oct 2024): https://www.globallegalinsights.com/practice-areas/blockchain-laws-and-regulations/united-kingdom (Accessed via Google Search results)
  • [5] KPMG (UK Regulatory Regime Consultation): https://kpmg.com/xx/en/home/insights/2023/02/frm-regulatory-developments-uk-regulatory-regime-for-cryptoassets.html (Accessed via Google Search results)
  • [6] Fieldfisher (Crypto Law Overview, Dec 2024): https://www.fieldfisher.com/en/insights/crypto-and-the-law-in-the-uk-where-have-we-been (Accessed via Google Search results)
  • [7] KYC Hub (UK Crypto Regulations Guide 2025): https://kychub.com/uk-crypto-regulations/ (Accessed via Google Search results)
  • [8] Freeman Law (UK & Cryptocurrency Overview): https://freemanlaw.com/international/united-kingdom-cryptocurrency-laws/ (Accessed via Google Search results)
  • [9] GOV.UK (Economic Crime Act & Crypto, Mar 2024): https://www.gov.uk/government/publications/economic-crime-and-corporate-transparency-act-factsheets/factsheet-cryptoassets-technical (Accessed via Google Search results)
  • [10] GOV.UK (Property Digital Assets Bill, Sep 2024): https://www.gov.uk/government/news/new-bill-introduced-in-parliament-to-clarify-cryptos-legal-status
  • [11] CMS Law (Expert Guide to Crypto Regulation UK): https://cms.law/en/int/expert-guides/cms-expert-guide-to-crypto-regulation/united-kingdom (Accessed via Google Search results)
  • [12] Hogan Lovells (FCA Financial Promotion Rules, Jun 2023): https://www.hoganlovells.com/en/publications/uk-fca-introduces-new-rules-for-marketing-cryptoassets-to-uk-consumers (Accessed via Google Search results)
  • [13] FCA (PS23/6: Financial promotion rules for cryptoassets, Jun 2023): https://www.fca.org.uk/publications/policy-statements/ps23-6-financial-promotion-rules-cryptoassets
  • [14] FCA (Cryptoassets: AML/CTF regime registration, Mar 2023): https://www.fca.org.uk/firms/cryptoassets-aml-ctf-regime/registering-us
  • [15] Clifford Chance (Financial Promotions Regime, Jun 2023): https://www.cliffordchance.com/briefings/2023/06/the-uk-s-financial-promotions-regime--bringing-cryptoassets-int.html (Accessed via Google Search results)
  • [16] Buckingham Capital Consulting (FCA AML Registration): https://www.buckinghamcapitalconsulting.co.uk/uk-crypto-licence-fca-aml-registration (Accessed via Google Search results)
  • [17] Bird & Bird (Cryptoasset Regulation Overview): https://www.twobirds.com/en/insights/2023/uk/cryptoasset-regulation (Accessed via Google Search results)
  • [18] IDnow (UK Crypto Regulation Challenges): https://www.idnow.io/blog/uk-crypto-regulations/ (Accessed via Google Search results)
  • [19] Finance Magnates (UK Regulated Crypto Exchanges 2025, Feb 2025): https://www.financemagnates.com/cryptocurrency/regulation/the-state-of-regulated-crypto-exchanges-in-the-uk-whats-changing-in-2025/ (Accessed via Google Search results)
  • [20] Simmons & Simmons (Financial Promotion Regime Compliance, Jan 2024): https://www.simmons-simmons.com/en/publications/clm1y9v0q68t90bwoy6b1904e/full-compliance-required-under-the-uk-s-cryptoasset-financial-promotion-regime (Accessed via Google Search results)
  • [21] SteelEye (FCA Bans Retail Crypto-Derivatives, Oct 2020): https://www.steel-eye.com/insights/fca-bans-crypto-derivatives-for-retail-consumers (Accessed via Google Search results)
  • [22] ETF Stream (FCA Pressure on Retail Crypto ETP Access, Mar 2024): https://www.etfstream.com/articles/fca-under-pressure-to-allow-retail-crypto-etp-access-despite-listings-rule-change (Accessed via Google Search results)
  • [23] Simmons & Simmons (FCA on Financial Promotions & On/Off Ramps, Nov 2024): https://www.simmons-simmons.com/en/publications/cof3z7s8u000008l07327227g/uk-fca-on-cryptoasset-financial-promotions-and-fiat-to-crypto-on-off-ramp-services (Accessed via Google Search results)
  • [24] UK Parliament (Government Regulatory Approach, Sep 2022): https://researchbriefings.files.parliament.uk/documents/CDP-2022-0148/CDP-2022-0148.pdf
  • [25] Smile Identity (AML Compliance Guide 2025, Oct 2024): https://smileidentity.com/blog/aml-compliance-for-crypto/ (Accessed via Google Search results)
  • [26] 21 Analytics (UK Travel Rule Insights, Jul 2024): https://www.21analytics.io/blog/the-uk-travel-rule-insights-from-award-winning-crypto-firm (Accessed via Google Search results)
  • [27] iDenfy (KYC Requirements UK 2025, Apr 2025): https://www.idenfy.com/blog/kyc-requirements-uk/ (Accessed via Google Search results)
  • [28] A&O Shearman (FCA Retail Derivatives Ban, Oct 2020): https://www.aoshearman.com/en/global/insights/finreg/uk-conduct-regulator-bans-sale-to-retail-clients-of-derivatives-referencing-crypto-assets (Accessed via Google Search results)
  • [29] FCA (Crypto Ownership Rise & Regulation Plans, Nov 2024): https://www.fca.org.uk/news/press-releases/fca-finds-crypto-ownership-continues-rise-delivers-plans-regulate-crypto
  • [30] FCA (Common Issues with Crypto Marketing, Oct 2023): https://www.fca.org.uk/news/news-stories/fca-warns-about-common-issues-crypto-marketing
  • [31] FCA (Crypto: The Basics, Feb 2023): https://www.fca.org.uk/investsmart/crypto-basics

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