United Kingdom
Retail_Trading_Status
- Analysis ID
- #818
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- 2025-12-12 05:22
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Executive Summary
In the United Kingdom, cryptocurrency trading is legal and heavily regulated under a dual framework of anti-money laundering (AML) registration and financial services authorisation. The Financial Conduct Authority (FCA) serves as the primary regulator, enforcing strict compliance requirements including the 'Travel Rule' and a rigorous financial promotions regime that mandates cooling-off periods and risk warnings for retail consumers. While retail access to complex crypto-derivatives remains banned, the FCA significantly expanded market access in October 2025 by lifting the ban on crypto Exchange Traded Notes (cETNs) for retail investors. A comprehensive transition is currently underway to move crypto firms from the existing AML registration regime to full authorisation under the Financial Services and Markets Act 2023.
Key Pillars
Financial Conduct Authority (FCA) as the primary conduct and prudential regulator
Mandatory registration under Money Laundering Regulations (MLRs) for all cryptoasset exchange and wallet providers
Financial Promotions Regime requiring all crypto marketing to be communicated or approved by an FCA-authorised firm
Designated Activities Regime (DAR) covering specific crypto activities under FSMA 2023
Compliance with the 'Travel Rule' for cryptoasset transfers
Landmark Laws
Financial Services and Markets Act 2023 (FSMA 2023) - Enacted: 2023-06-29
- Primary legislation bringing cryptoassets within the scope of regulated financial activities. It establishes the Designated Activities Regime (DAR) and powers for HM Treasury to regulate stablecoins and cryptoassets.
- Source
The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023 (SI 2023/612) - Enacted: 2023-06-07
- Brought 'qualifying cryptoassets' into the scope of the financial promotions regime, making it a criminal offence to market crypto to UK consumers without FCA authorisation or approval.
- Source
Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (MLRs 2017 (Amended 2019)) - Enacted: 2017-06-26
- Requires cryptoasset exchange providers and custodian wallet providers to register with the FCA and comply with AML/CTF obligations.
- Source
FCA Policy Statement PS20/10 (Derivatives Ban) (PS20/10) - Enacted: 2021-01-06
- Prohibits the sale of derivatives and exchange-traded notes (ETNs) referencing unregulated cryptoassets to retail consumers. (Note: ETN ban partially lifted for retail in Oct 2025).
- Source
Considerations
Retail access to crypto-derivatives (CFDs, futures, options) is banned, but spot trading and crypto-ETNs (as of Oct 2025) are permitted.
Financial promotions rules are extremely strict; non-compliance is a criminal offence punishable by up to 2 years in prison.
Firms currently registered under MLRs must prepare for full FSMA authorisation under the new 2025/2026 framework.
HMRC treats cryptoassets as property for tax purposes; Capital Gains Tax (CGT) generally applies to profits.
The 'Travel Rule' applies to crypto transfers, requiring exchange of beneficiary/originator information.
Notes
The UK is in a unique position of having a 'live' registration regime (MLRs) while simultaneously building a more permanent authorisation regime (FSMA). The lifting of the ETN ban in late 2025 signals a warming attitude towards retail access, provided it occurs through strictly regulated channels.
Remaining Uncertainties
- The exact timeline for the final implementation of the full FSMA authorisation regime for existing MLR-registered firms.
- Specifics of the upcoming market abuse regime for cryptoassets.
- How the 'Digital Securities Sandbox' will influence long-term legislation for tokenised securities.
Detailed Explanation
Detailed Explanation
In the United Kingdom, cryptocurrency trading is legal and operates under a heavily regulated framework. The primary regulator is the Financial Conduct Authority (FCA), which enforces a dual regime of anti-money laundering (AML) registration and financial services authorisation. The foundational regulatory pillars include mandatory registration under the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (MLRs 2017) for cryptoasset exchange and custodian wallet providers, and a strict financial promotions regime brought into force by The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023. This regime makes it a criminal offence to market cryptoassets to UK consumers without FCA authorisation or approval, requiring communications to include risk warnings and cooling-off periods for retail investors. Furthermore, compliance with the 'Travel Rule' for cryptoasset transfers is mandatory.
The overarching legislative framework is established by the Financial Services and Markets Act 2023 (FSMA 2023), which brings cryptoassets within the scope of regulated financial activities and creates the Designated Activities Regime (DAR). This Act is facilitating a significant transition from the existing AML registration system to a full authorisation regime for crypto firms under the FCA's supervision. While retail access to complex crypto-derivatives like contracts for differences (CFDs) and futures remains banned under FCA Policy Statement PS20/10, the regulatory landscape has recently evolved. In October 2025, the FCA lifted its ban on crypto Exchange Traded Notes (cETNs) for retail investors, signalling a controlled expansion of market access through regulated channels. The UK's regulatory approach is therefore characterized by its simultaneous operation of a 'live' AML registration regime and the ongoing development of a more permanent, comprehensive authorisation framework.
Summary Points
I. Regulatory Status
* Cryptocurrency trading is Allowed-Regulated in the United Kingdom.
* It operates under a dual framework of AML registration and financial services authorisation.
II. Key Regulatory Bodies
* Financial Conduct Authority (FCA): Serves as the primary conduct and prudential regulator for cryptoassets.
III. Important Legislation
* Financial Services and Markets Act 2023 (FSMA 2023): Enacted 2023-06-29. Primary legislation bringing cryptoassets into the regulated sphere, establishing the Designated Activities Regime (DAR) and powers for HM Treasury.
* The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023: Enacted 2023-06-07. Brought 'qualifying cryptoassets' into the financial promotions regime, making non-compliant marketing a criminal offence.
* Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (MLRs 2017): Enacted 2017-06-26. Requires cryptoasset exchange providers and custodian wallet providers to register with the FCA for AML/CTF purposes.
* FCA Policy Statement PS20/10 (Derivatives Ban): Enacted 2021-01-06. Prohibits the sale of derivatives and ETNs referencing unregulated cryptoassets to retail consumers.
IV. Compliance Requirements
* Mandatory registration under the MLRs for cryptoasset exchange and wallet providers.
* All crypto marketing must comply with the strict Financial Promotions Regime, requiring communication or approval by an FCA-authorised firm.
* Firms must prepare for a transition from MLR registration to full FSMA authorisation under the new 2025/2026 framework.
* Compliance with the 'Travel Rule' for cryptoasset transfers.
* For tax purposes, HMRC treats cryptoassets as property, with Capital Gains Tax (CGT) generally applying to profits.
V. Notable Restrictions or Limitations
* Retail access to complex crypto-derivatives (CFDs, futures, options) is banned.
* Financial promotions rules are extremely strict; non-compliance is a criminal offence punishable by up to 2 years in prison.
VI. Recent Developments or Notes
* In October 2025, the FCA lifted the ban on crypto Exchange Traded Notes (cETNs) for retail investors, significantly expanding regulated market access.
* The UK is in a unique position of having a 'live' AML registration regime while simultaneously building a more permanent authorisation regime under FSMA 2023.
* The lifting of the ETN ban signals a warming attitude towards retail access, provided it occurs through strictly regulated channels.
Full Analysis Report
Full Analysis Report
The United Kingdom has established itself as a jurisdiction with a 'Allowed-Regulated' status for retail cryptocurrency trading, characterised by a sophisticated and evolving regulatory framework. The Financial Conduct Authority (FCA) acts as the sole gatekeeper, requiring all firms carrying on cryptoasset activity by way of business in the UK to be registered for anti-money laundering (AML) and counter-terrorist financing (CTF) purposes. As of late 2025, the regulatory landscape is in a significant transition phase following the passage of the Financial Services and Markets Act 2023 (FSMA 2023), which formally brought cryptoassets into the perimeter of regulated financial services. This move shifts the regime from simple AML registration to a full authorisation model, with draft legislation published in April 2025 outlining the new 'Regulated Activities' specific to crypto.
Retail investors in the UK have clear but bounded access to the crypto market. Spot trading of cryptocurrencies (buying and selling the actual asset) is fully legal and widely available through FCA-registered exchanges. However, consumer protection remains a central theme. In January 2021, the FCA implemented a ban on the sale of crypto-derivatives (such as CFDs, options, and futures) to retail consumers, citing the inability of retail investors to reliably value these products. In a notable policy shift reflecting market maturation, the FCA lifted the ban on crypto Exchange Traded Notes (cETNs) for retail investors in October 2025. This allows retail participants to access crypto exposure through regulated, listed instruments on UK Recognised Investment Exchanges, provided they pass appropriateness assessments.
The marketing of cryptoassets is subject to one of the strictest regimes globally. Since October 8, 2023, the Financial Promotions Regime has applied to all firms marketing cryptoassets to UK consumers, regardless of the firm's location. Promotions must either be communicated by an FCA-authorised person or approved by one. The rules mandate 'positive friction' measures, such as a 24-hour cooling-off period for first-time investors and personalised risk warnings. The FCA has actively enforced these rules, issuing numerous warnings and placing non-compliant firms on public alert lists.
Looking ahead to 2026, the UK is finalising its comprehensive regulatory framework. The draft 'Cryptoassets Order 2025' proposes to regulate activities such as operating a trading platform, custody, and lending under the FSMA regime. This will impose prudential requirements, conduct of business rules, and market abuse prohibitions similar to those in traditional securities markets. While the UK has not adopted a bespoke standalone law like the EU's MiCA, it is integrating crypto into its existing financial services laws to ensure 'same risk, same regulatory outcome'.
The United Kingdom has established itself as a jurisdiction with a 'Allowed-Regulated' status for retail cryptocurrency trading, characterised by a sophisticated and evolving regulatory framework. The Financial Conduct Authority (FCA) acts as the sole gatekeeper, requiring all firms carrying on cryptoasset activity by way of business in the UK to be registered for anti-money laundering (AML) and counter-terrorist financing (CTF) purposes. As of late 2025, the regulatory landscape is in a significant transition phase following the passage of the Financial Services and Markets Act 2023 (FSMA 2023), which formally brought cryptoassets into the perimeter of regulated financial services. This move shifts the regime from simple AML registration to a full authorisation model, with draft legislation published in April 2025 outlining the new 'Regulated Activities' specific to crypto. Retail investors in the UK have clear but bounded access to the crypto market. Spot trading of cryptocurrencies (buying and selling the actual asset) is fully legal and widely available through FCA-registered exchanges. However, consumer protection remains a central theme. In January 2021, the FCA implemented a ban on the sale of crypto-derivatives (such as CFDs, options, and futures) to retail consumers, citing the inability of retail investors to reliably value these products. In a notable policy shift reflecting market maturation, the FCA lifted the ban on crypto Exchange Traded Notes (cETNs) for retail investors in October 2025. This allows retail participants to access crypto exposure through regulated, listed instruments on UK Recognised Investment Exchanges, provided they pass appropriateness assessments. The marketing of cryptoassets is subject to one of the strictest regimes globally. Since October 8, 2023, the Financial Promotions Regime has applied to all firms marketing cryptoassets to UK consumers, regardless of the firm's location. Promotions must either be communicated by an FCA-authorised person or approved by one. The rules mandate 'positive friction' measures, such as a 24-hour cooling-off period for first-time investors and personalised risk warnings. The FCA has actively enforced these rules, issuing numerous warnings and placing non-compliant firms on public alert lists. Looking ahead to 2026, the UK is finalising its comprehensive regulatory framework. The draft 'Cryptoassets Order 2025' proposes to regulate activities such as operating a trading platform, custody, and lending under the FSMA regime. This will impose prudential requirements, conduct of business rules, and market abuse prohibitions similar to those in traditional securities markets. While the UK has not adopted a bespoke standalone law like the EU's MiCA, it is integrating crypto into its existing financial services laws to ensure 'same risk, same regulatory outcome'.
Source Evidence
Primary and secondary sources cited in this analysis
"The FCA has formally lifted a ban on the offering of cryptoasset exchange traded notes (cETNs) to retail investors... entered into force on 8 October 2025."
"An Act to make provision about the regulation of financial services and markets... including provision about cryptoassets."
"We are introducing a cooling-off period for first time investors... and banning incentives to invest, such as 'refer a friend' bonuses."
"Firms authorised for the new cryptoasset activities will not be required to additionally register... under the MLRs."
"On October 2, the UK Financial Conduct Authority removed its retail investor ban on crypto exchange-traded products."
"On 29 April 2025, HM Treasury published the draft Financial Services and Markets Act 2000... Order 2025."
Web Sources (14)
Sources discovered via web search grounding
Search queries used (5)
- Financial Services and Markets Act 2023 crypto provisions
- FCA cryptoasset registration requirements 2025
- UK ban on crypto derivatives for retail investors current status
- UK crypto financial promotions rules impact 2024 2025
- UK cryptocurrency regulation retail trading status 2024 2025
https://www.gherson.com/blog/2025-update-on-crypto-regulation-in-the-uk-a-legal-overview/
https://cryptoadventure.com/fca-opens-retail-access-to-crypto-etns-competition-meets-caution/
https://financefeeds.com/fca-lifts-key-barriers-to-retail-crypto-investment-to-boost-uk-growth/
https://www.merklescience.com/blog/uk-crypto-regulation-key-changes-and-what-to-expect-in-2025
https://www.nortonrosefulbright.com/en/knowledge/publications/8d8b8337/the-uk-regime-for-cryptoassets-draft-rules-and-legislation
https://www.regulationtomorrow.com/eu/what-is-next-for-uk-crypto-regulation-latest-government-announcements-providemarket-with-welcome-reassurance-and-clarity/
https://www.grantthornton.co.uk/insights/whats-next-for-uk-cryptoassets-regulation/
https://www.capitallaw.co.uk/news/application-of-fca-handbook-to-regulated-cryptoasset-activities-key-takeaways/
https://tradeeconomics.com/united-kingdom-the-financial-services-and-markets-act-2023-and-its-implications-for-cryptocurrencies/
https://www.wiggin.co.uk/insight/uk-crypto-regulation-outlook-2025/
https://www.keystonelaw.com/keynotes/crypto-fraud-what-will-happen-in-2024
https://www.steel-eye.com/news/fca-bans-the-sale-of-crypto-derivatives-to-retail-consumers
https://www.founders-law.co.uk/blog/fca-crypto-rules-2025-what-cp25-25-means-for-your-business
https://www.elliptic.co/blog/crypto-regulatory-affairs-uk-lifts-ban-on-crypto-etns-for-retail-investors