Compliance
UK Regulator Weighs In On ICOs, Says It May Regulate Certain Fundraisers

The Financial Conduct Authority is the latest in a string of regulators across the world to voice its standpoint on initial coin offerings.
The UK’s financial services watchdog is the latest regulator to
weigh in on initial coin offerings (ICOs), touting the
controversial fundraisers as “very high-risk, speculative
investments” it may move to regulate.
“You should only invest in an ICO project if you are an
experienced investor, confident in the quality of the ICO project
itself… and prepared to lose your entire stake,” the Financial
Conduct Authority said yesterday in a statement.
Whether an ICO falls within the FCA’s regulatory scope “can only
be decided case by case,” it said. The regulator has said that
some ICOs “feature parallels” with IPOs as some tokens may
constitute transferable securities, and “therefore may fall
within the prospectus regime”.
ICOs, a meld of crowdfunding and an initial public offering
(IPO), involve the sale of digital tokens by blockchain start-ups
looking to grow their business. But unlike a traditional IPO in
which investors get shares, investors in ICOs are instead
rewarded with mini crypto-currencies, the value of which is
directly tied to the business' performance. This means the
digital coins grow in value only if the start-up's operation or
network proves viable, attracting more investors and driving up
liquidity.
The fundraisers have drawn scrutiny from regulators in recent
times, with warnings having been fired over mass phishing scams
potentially
leaving one-in-10 investors in ICOs penniless.
The FCA has penned a list of what it considers the main risks
tied to ICOs. The regulator points out that most are unregulated
and many are based overseas, meaning that access to UK investor
protections is “extremely unlikely”.
It also highlights the potential for fraud, warning that some
token issuers may misappropriate the funds raised through an
ICO.
The FCA’s comments chime with those made by other regulators,
such as the US’ Securities
and Exchange Commission and Hong Kong’s
Securities and Futures Commission, with all three watchdogs
having likened digital tokens to traditional
securities.
In a move that sent shockwaves through the crypto-currency
market,
China last week declared ICOs illegal, seizing a vice-like
grip as it sought to rein in related risks while controlling
external fund flows. The ban is said to be temporary, however,
and media reports claim the country will eventually regulate
them.