|

ESMA may be ready to classify cryptocurrency as a financial instrument

  • EU might include cryptocurrencies in the scope of the existing regulations.
  • The authorities are preoccupied with consumer protection and money laundering issues.

Certain cryptocurrencies may be classified as financial instruments under the existing financial regulation of the European Union, according to the representatives of the European Securities and Markets Authority (ESMA). Namely, the assets created in the course of initial coin offerings (ICOs) with the aim to raise financing will fall under this category.

According to the report submitted to the Commission of the European Banking Authority, it is highly desirable to develop pan-European rules and regulations for digital assets as patchy regulation can be easily exploited by bad actors and deprive consumers of the necessary protection.

“Typically crypto-assets fall outside the scope of EU financial services regulation. Moreover, divergent approaches to the regulation of these activities are emerging across the EU. These factors give rise to potential issues, including regarding consumer protection, operational resilience, and the level playing field,” the report says.

Apart from that, EBA focuses on money laundering issues, as criminals can exploit the ecosystem vulnerabilities to bypass the existing rules while dealing with cryptocurrencies, including Bitcoin, Ethereum and XRP among others.

Also, EBA urges the European Commission to follow the recommendations of the Financial Action Taskforce (FATF) to stop virtual assets from being used for money laundering purposes.  

Meanwhile, Bitcoin resumed the downside trend and crashed well below $4,000 handle on Thursday. BTC/USD is changing hands at $3,619 at the time of writing, down over 9% on a daily basis. A sell-off in 2018 took Bitcoin from its all-time high close to $20,000 to as low as $3,127 on December 2018. The downside was partially driven by concerns of regulatory scrutiny.

BTC/USD, 4-hour

Author

Tanya Abrosimova

Tanya Abrosimova

Independent Analyst

 

More from Tanya Abrosimova
Share:

Editor's Picks

Bitcoin Weekly Forecast: BTC retreats as macro headwinds grow
Bitcoin (BTC) remains under pressure, down over 4% this week and trading around $76,900 at the time of writing on Friday. Institutional demand shows signs of weakness as spot BTC Exchange Traded Funds (ETFs) are on track to end their three-week inflow streak, recording nearly $500 million in net outflows through Thursday.
XRP falls toward key support as macro uncertainty, weak momentum cap recovery
Ripple (XRP) falls below $1.33 on Friday, marking the third consecutive day of declines. The token continues to track the broader cryptocurrency market downturn, with investors closely monitoring heightened macroeconomic uncertainty ahead of the United States (US) Consumer Price Index (CPI) release and next week’s Federal Reserve (Fed) monetary policy decision.
Crypto Today: Bitcoin, Ethereum, XRP stabilize at lower levels amid ETF outflows and macroeconomic risks
The broader cryptocurrency market is rising on Friday, with Bitcoin (BTC) trading above $77,000 after testing lower support near $76,500. Ethereum (ETH) shows signs of stability, hovering above the support provided at $2,400 despite capped upside at $2,500. Meanwhile, Ripple (XRP) holds above $1.33 after three straight days of declines, reflecting growing headwinds due to macroeconomic uncertainty.
Bitcoin pulls back as another golden cross fails to deliver
Earlier this week, Bitcoin formed a golden cross, a technical signal that occurs when the price’s 50-day moving average rises above the 200-day moving average and is conventionally viewed as a precursor to a bullish rally. Historically, however, that’s often not been the case.
Bitcoin: BTC retreats as macro headwinds grow
Bitcoin (BTC) remains under pressure, down over 4% this week and trading around $76,900 at the time of writing on Friday. Institutional demand shows signs of weakness as spot BTC Exchange Traded Funds (ETFs) are on track to end their three-week inflow streak, recording nearly $500 million in net outflows through Thursday.