On 17 May 2023, new rules governing advertising for virtual currencies entered into force. They aim in particular to ensure that the risks linked to virtual currencies are sufficiently highlighted in such advertising. The Financial Services and Markets Authority (FSMA) oversees compliance. On 5 January 2023, the FSMA issued a regulation subjecting the marketing of... Continue Reading →
MiCA ā Markets in Crypto-Assets
The Markets in Crypto-Assets regulation focuses on certain categories of crypto-assets which are currently out of scope of existing regulations.
Virtual Currencies and Crypto: New Rules from 1 May 2022 (Belgium)
FSMA communication of 1 March 2022. From 1 May 2022, the activities of certain virtual-currency service providers are regulated in Belgium. These providers must meet a series of conditions, notably as to their professional integrity and compliance with anti-money-laundering legislation. Who is covered by the new rules on crypto and virtual-currency services? Providers of exchange... Continue Reading →
Crowdfunding / Crowdlending: the European ECSPR Regulation Is Now in Force
In an earlier article (May 2020), we reviewed crowdfunding and crowdlending in Belgium and the draft European Regulation then under study, including its treatment of cross-border crowdfunding services. The Crowdfunding Regulation (ECSPR) in brief The European Union has since published the Regulation of 7 October 2020 (ECSPR, European Crowdfunding Service Providers Regulation), which entered into... Continue Reading →
Cryptocurrencies, Legislation and Draft Regulation: Financial Law Aspects
The regulation of cryptocurrencies in Belgium and Europe is being prepared. Below is a brief account of some legal questions on cryptocurrencies and on the regulation of crypto-assets and other virtual currencies then under development (18 June 2021). I. Definitions: crypto-assets and cryptocurrencies The European Banking Authority (EBA) and the European Securities and Markets Authority... Continue Reading →
An Overview of Crowdfunding (Regulation of Crowdfunding and Platforms)
Crowdfunding, literally funding or lending by the crowd, is an alternative financing method outside the traditional financial system of regulated banks and financial markets. It calls on a large number of people to raise funds to develop a project. A major player in this new model, crowdfunding platforms act as intermediaries between entrepreneurs seeking financing... Continue Reading →
Regulation and Compliance: The Challenges Facing Fintechs
The legal and tax environment governing fintechs is in full flux. These start-ups active in financial technology face ever more regulatory stakes in meeting their compliance obligations. An overview. A revolution for financial services Fintech, a contraction of finance and technology, refers to companies active in financial technology. Fintechs use analytical tools, data management and... Continue Reading →