[F1CHAPTER 3U.K.Disclosure obligation
Textual Amendments
F1Pt. 6 Ch. 3 inserted (10.1.2020) by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (S.I. 2019/1511), regs. 1(2), 7(17)
Disclosure by cryptoasset businessesU.K.
60A.—(1) Paragraph (2) applies where—
(a)a cryptoasset exchange provider or custodian wallet provider (“cryptoasset business”) establishes a business relationship, or enters into a transaction, with a customer that arises out of any of its activities as a cryptoasset business, and
(b)the activity is not—
(i)within scope of the jurisdiction of the Financial Ombudsman Service, or
(ii)subject to protection under the Financial Services Compensation Scheme, or
(iii)within scope of the jurisdiction of, or subject to protection under, either of the schemes referred to in paragraph (i) or (ii).
(2) Before establishing the business relationship or entering into the transaction, the cryptoasset business must inform the customer of the position in paragraph (1)(b)(i), (ii) or (iii), as the case may be.
(3) In this regulation—
(a)the Financial Ombudsman Service means the scheme established under Part 16 of FSMA M1;
(b)the Financial Services Compensation Scheme means the scheme established under Part 15 of FSMA M2.]
Marginal Citations
M1Section 226 was amended by the Financial Services Act 2012 (c.21), section 39 and Schedule 11 and by S.I. 2009/209, 2011/99, 2017/692 and 2017/752. Section 227 was amended by the Consumer Credit Act 2006 (c.14), section 61; the Financial Services Act 2012, section 39 and Schedule 11 and by S.I. 2013/1881.
M2Section 212 was amended by the Financial Services Act 2012 (c.21), section 38 and Schedule 10, and by the Financial Services (Banking Reform) Act 2013 (c.33), section 16. Section 213 was amended by the Financial Services Act 2012, section 38 and Schedule 10, and by S.I. 2017/701. Section 214 was amended by the Financial Services Act 2012, section 38 and Schedule 10, and by the Banking Act 2009 (c.1), sections 169 and 174, and by S.I. 2017/701.
[F2Changes in control of registered cryptoasset businessesU.K.
60B. Schedule 6B applies to an acquisition of or increase in control over a registered cryptoasset business (within the meaning given at regulation 59(8)).]
Textual Amendments