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Uk Regulator Decision to Ban Crypto Derivatives to Hurt Investors

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Uk’s Ban on Crypto Derivatives to Hurt Investors, Not Protect them

Following the decision of the U.K’s Financial Conduct Authority (FCA) to ban the sale of crypto derivatives and exchange-traded notes (ETNs) to retail investors, financial experts are saying the decision will hurt investors and not protect them.

In a statement issued about a week ago, the FCA had said it considers certain types of crypto assets to be ill-suited for retail consumers due to the fact that they cannot be reliably valued by retail consumers because of the following reasons:

  • Inherent nature of the underlying assets, which means they have no reliable basis for valuation
  • Prevalence of market abuse and financial crime in the secondary market (e.g., cyber theft)
    Extreme volatility in crypto asset price movements
  • Inadequate understanding of crypto assets by retail consumers
  • Lack of legitimate investment needs for retail consumers to invest in these products.

According to the UK regulator, the ban will affect ā€œthe sale, marketing and distributionā€ to retail investors of any derivatives contract or ETNs that linked to ā€œunregulated transferable crypto assetsā€ issued by entities in or outside the U.K.

The regulator further classifies unregulated transferable crypto-assets as ā€œtokens that are not ā€˜specified investmentsā€™ or e-money, and can be traded.ā€ The term incorporates major cryptocurrencies like bitcoin, ether and XRP.

The new ban will be effective from January 6, 2021, according to the statement.

However, experts are now saying the ban will not protect investors but hurt them as they will not be able to take advantage of market opportunities like their global peers.

Nigel Green, chief executive and founder of deVere Group, has this to say, ā€œThis move by the FCA underscores the regulatorā€™s rather misguided approach to cryptocurrencies.

ā€œWhilst the FCA is not stopping people buying Bitcoin or other cryptocurrencies directly, it is banning the sale of products based on their prices.

ā€œThe regulator does express some valid concerns in its new rules, which we welcome and support.

ā€œHowever, rather than banning, the FCA should be regulating the booming and unstoppable sector.

ā€œThis market, thanks to its exponential growth, needs a robust and enforceable regulatory framework. It needs scrutiny.ā€

The deVere boss added that ā€œThe staggering pace of the digitalisation of economies and every aspect of our lives highlights that there will be a growing demand for digital, global, borderless money.

ā€œAlready digital currency is almost universally regarded as the future of money ā€“ and we need a joined-up approach to tackling those who undermine it.

ā€œIn this regard, most major financial institutions globally already have or are preparing to establish crypto desks. It is why more and more retail and institutional investors are piling into the market. And it is why tech giants, like Facebook, amongst others are getting involved.ā€

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Cryptocurrency

Nigeria’s SEC to Enforce Weekly, Monthly Reports from Crypto Service Providers

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The Securities and Exchange Commission (SEC) has announced a new regulatory framework requiring Virtual Assets Service Providers (VASPs) to submit weekly and monthly trading statistics.

This move is part of a broader effort to monitor and regulate Nigeria’s burgeoning crypto market, according to a document released by the SEC titled “A Framework on Accelerated Regulatory Incubation Program for the Onboarding of Virtual Assets Service Providers (VASPs) and other Digital Investments Service Providers (DISPs).”

The framework aims to bring more structure to the countryā€™s crypto ecosystem by amending existing rules on digital asset issuance, offering platforms, exchanges, and custodians.

The SECā€™s initiative is seen as a significant step toward enhancing oversight and ensuring compliance within the rapidly evolving digital asset space.

Accelerated Regulatory Incubation Program

The Accelerated Regulatory Incubation Program (ARIP) will provide a special window for onboarding VASPs. The SEC has outlined specific reporting requirements for participants in the ARIP, including:

  • Weekly and monthly trading statistics.
  • Quarterly financials.
  • Compliance reports demonstrating adherence to the SEC’s conditions.
  • Reports on key issues such as misconduct, fraud, or operational incidents.
  • Actions taken to address customer complaints and emergent risks.

A Growing Market

Nigeria boasts one of the largest peer-to-peer (P2P) crypto markets globally. According to blockchain analytics firm Chainalysis, crypto transactions in the country amounted to $56.7 billion between July 2022 and June 2023, averaging $1.09 billion weekly.

Industry and Regulatory Insights

Senator Ihenyen, lead partner and head of blockchain and virtual assets practice at Infusion Lawyers, emphasized the importance of regulating digital assets for economic and security reasons.

ā€œNigeria can no longer afford to keep pushing digital assets underground for obvious economic and security reasons,ā€ Ihenyen said.

He noted that the Central Bank of Nigeriaā€™s (CBN) recognition of the SECā€™s regulatory role marks a positive shift for the sector, with regulators now working together to ensure consumer protection and investor safety.

Comparisons have been drawn with regulatory practices in South Africa, where a similar approach has been adopted to meet Financial Action Task Force (FATF) standards on anti-money laundering and counter-terrorism financing for digital assets.

ā€œExecution is what will make the difference,ā€ said an industry expert. ā€œWeā€™ve never been lacking in regulations.ā€

Government and Industry Reactions

Earlier in July, Wale Edun, Nigeriaā€™s minister of finance and coordinating minister of the economy, urged the SEC to address the complexities of crypto regulation.

ā€œThe SEC board should be willing to accept the challenge of regulating these new areas, particularly crypto, as they are fast-moving complex areas,ā€ Edun stated.

The Senate Committee on Capital Markets also emphasized the need for crypto regulation to ensure accountability and protect investorsā€™ funds.

Osita Izunaso, chairman of the committee, pointed out, ā€œThe issue of cryptocurrency must be regulated because Nigerians are trading in crypto. Since Nigerians are trading in crypto, why are we not regulating it? Where is the money going if we donā€™t regulate activities in the crypto market?ā€

Compliance and Challenges

The new regulatory framework aims to facilitate the onboarding of entities willing to engage in virtual asset activities and enhance the SECā€™s understanding of digital asset business models.

However, some industry insiders have raised concerns about the practicality of certain requirements, such as the need for a physical presence for crypto companies.

Chimezie Chuta, founder and coordinator of the Blockchain Nigeria User Group, highlighted the potential benefits of regulation for tax revenues.

However, others worry about over-regulation. ā€œWe are now like banks that are over-regulated. Between 2020 and now, we have had new regulations and changes to existing rules, but where has that taken us to?ā€ questioned a Lagos-based crypto player.

As Nigeriaā€™s crypto market continues to evolve, the SECā€™s new regulatory framework represents a crucial step towards ensuring transparency, accountability, and consumer protection in the digital assets space.

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Cryptocurrency

KuCoin Announces New 7.5% VAT on Transaction Fees for Nigerian Customers

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KuCoin has announced the implementation of a 7.5% Value-Added Tax (VAT) on transaction fees.

This new regulation will take effect on July 8th, 2024, impacting all users whose Know Your Customer (KYC) information is registered in Nigeria.

KuCoin, one of the worldā€™s leading cryptocurrency exchange platforms, revealed this update in a statement addressed to its Nigerian users.

The tax will be applied exclusively to transaction fees, not the overall transaction amount.

For example, a user buying 1,000 USDT worth of Bitcoin will incur a fee of 1 USDT at the standard 0.1% fee rate.

The new VAT at 7.5% will apply to this fee, resulting in an additional charge of 0.075 USDT.

Consequently, the net amount available for the transaction will be 998.925 USDT.

KuCoin clarified that the VAT would cover all types of transactions on its platform. The move aligns with recent regulatory updates and demonstrates the companyā€™s commitment to complying with local tax laws.

The announcement has garnered mixed reactions from the Nigerian cryptocurrency community. Some users express concern over the added cost to their transactions, while others recognize it as a necessary step towards greater regulatory compliance and legitimacy for cryptocurrency trading in Nigeria.

KuCoin encourages affected users to seek assistance through their Telegram group or by contacting the online support team for further guidance on the new tax regulations.

As Nigeria continues to evolve its regulatory framework for digital assets, this development underscores the importance for traders to stay informed about local laws and their potential impacts on trading activities.

The KuCoin team expressed their gratitude for usersā€™ cooperation and understanding, reiterating their commitment to providing a secure and compliant trading environment.

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Bitcoin Eyes Gains with Seasonal July Boost After Slump

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After several months of declines and rangebound trading, Bitcoin (BTC) bulls have reason to cheer as the largest cryptocurrency is poised for a potential seasonal upswing this July.

Historical data and recent market movements suggest a positive outlook for Bitcoin, following a period marked by billions in sales, upcoming selling pressure, and outflows from exchange-traded funds (ETFs).

Since April, Bitcoin has been trading within a narrow band of $59,000 to $74,000, weighed down by market dynamics and peak negative sentiment among retail traders.

However, July has historically been a bullish month for Bitcoin, and early indicators show a possible reversal of recent trends.

On the first day of July, U.S.-listed ETFs recorded nearly $130 million in inflows, their highest since early June.

This influx comes after a significant $900 million outflow in the previous month, signaling renewed investor confidence in the cryptocurrency.

“Bitcoin has a median return of 9.6% in July and tends to bounce back strongly, especially after a negative June,” said Singapore-based QCP Capital in a recent Telegram broadcast.

“Our options desk saw flows positioning for an upside move last Friday into the month-end, possibly in anticipation of the ETH spot ETF launch. Many signs point to a bullish July.”

Historical data supports this optimistic outlook. Over the past decade, Bitcoin has gained an average of more than 11% in July, with positive returns in seven out of the ten months.

A 2023 report by crypto fund Matrixport highlighted significant July returns in recent years, with gains of around 27% in 2019, 20% in 2020, and 24% in 2021.

Seasonality, the tendency of assets to experience regular and predictable changes that recur annually, appears to be a driving factor.

These seasonal cycles can be influenced by various factors, such as profit-taking around tax season in April and May, leading to drawdowns, and the generally bullish “Santa Claus” rally in December, which reflects increased demand.

As the cryptocurrency market enters July, Bitcoin traders and investors are optimistic about a potential rally. While the market remains cautious of underlying pressures, the historical trends and recent inflows suggest a favorable environment for Bitcoin’s resurgence.

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