Skip to content
City PM
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
  • DE
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
  • DE
Tuesday 29 June 2021 3:52 pm  |  Updated:  Tuesday 29 June 2021 3:53 pm

Binance’s FCA snub could be just the beginning of a clampdown on crypto exchanges

By: Darren Parkin

Add as a preferred source on Google
Binance

The FCA’s hard-line approach with Binance Markets is a clear signal that regulatory bodies are preparing to put cryptocurrency exchanges under their microscope, warn lawyers.

And while Binance may be the first to fall foul of the Financial Conduct Authority, it is unlikely to be the last.

According to David Henderson – a senior associate at legal firm Browne Jacobson – the message from the FCA has been confusing to many.

READ MORE: Binance given the boot by UK financial watchdog

“While the FCA is closely watching companies operating in the cryptoasset sector and warning consumers of the risks, it is unclear whether this FCA warning is related to the crypto-exchange activities of Binance,” he said.

“Cryptoassets exchange activities do not generally require FCA authorisation though such companies may need to register in relation to anti-money laundering. Based on Binance’s own comment, this warning appears to related to an authorised group company that is not launched nor making use of its permissions in the UK.

“If this is correct, this is therefore likely to only affect Binance’s future plans.”

David Henderson

He also suggested the harsh approach from the FCA appears to betray an underlying issue that hasn’t yet been aired publicly.

“Binance has been quick to note that it takes a ‘collaborative approach’ to working with regulators and that it takes its compliance obligations ‘very seriously’,”

“However, it is telling that the FCA has used its powers to unilaterally impose such a sweeping requirement on Binance (section 55L(3) of FSMA 2000). The FCA normally first seeks to address concerns by agreeing variations to the permissions of a regulated firm

“The fact that this has not occurred suggests that either an agreement was not possible, or that the FCA’s concerns were sufficiently urgent and serious (potentially in respect of ongoing harm) that it deemed this step to be necessary.”

Analysing the FCA’s heavy-handed stance with Binance, it clearly looks like the FCA is in the mood to ruffle a few feathers in the cryptocurrency world.

David Henderson thinks it looks likely that regulators will continue to tighten their approach.

Difficult position

“The Financial Conduct Authority is in a difficult position,” he added.

“As with spot FX markets, the FCA is not strictly responsible for regulating the spot trading in cryptocurrencies (unless those cryptocurrencies can be classed as a security). Nevertheless, crypto markets are volatile, there are perceptions around the risk of potential scams and money laundering concerns, and the FCA has a responsibility to protect consumers.

Read more

London Stock Exchange boss accuses FCA of ‘playing fast and loose’ as she warns government may have to ‘step in’

Julia Hoggett speaking at a business conference podium, emphasizing key financial strategies and market insights.

“On the one hand it wants to set itself out as facilitating innovation and sees itself as “technology-neutral”. On the other hand, it has recently been under significant criticism for its supervision of London Capital & Finance, including for failing to address warnings that consumers were being exposed to high-risk unregulated products (so-called ‘mini-bonds’, for example).

“Just last week, the Treasury Committee called on the FCA to take a more ‘proactive’ approach to regulating its perimeter, and scrutinising regulated firms’ activities. The regulator is therefore scrutinising this space and its participants very closely and taking action on an iterative basis as it feels necessary. 

“We expect the FCA will continue this iterative approach, keep a close watch on cryptoasset businesses and issue regular warnings and interventions where the FCA deems these necessary to warn consumers.”

One area which caused great confusion, was how or indeed if the ban on Binance Markets would have any implications for UK citizens who hold digital assets on the Binance exchange.

Mr Henderson says people are right to be confused – because neither the FCA or Binance have addressed this particular issue with a measure of clarity.

“The impact on UK consumers with Binance accounts is not yet clear,” he warned.

“Binance have suggested that the warned entity – Binance Markets Limited – is not related to their Binance.com website and so the FCA warning to the regulated entity will have no effect on the website.

Binance must warn consumers

“However, the wording of the FCA restriction specifically applies requirements to the Binance website. Binance must warn consumers on the Binance website that they are not permitted to undertake any regulated activities in the UK. They must also remove any advertising and financial promotions to UK consumers, including on the Binance website.

 “We expect that the FCA will be scrutinising the Binance website and the products offered very closely and if it determines that any regulated products are being offered or promoted “in the UK” (which is subject to interpretation) then we expect the FCA might require that the Binance website prevent UK consumers from accessing those products.”

Meanwhile, Mr Henderson’s thoughts were echoed by Nigel Brahams, partner at Collyer Bristow, who said the dramatic gear shift in the FCA’s attitude towards cryptocurrency displayed an almost protectionist approach in paving the way for regulation.

“This is nothing new in terms of interpretation. However, this demonstrates a more interventionist approach on the part of the FCA,” he said.

Nigel Brahams

“The FCA has already explained that regular cryptocurrencies – BTC or ETH, for example – remain unregulated and that financial products based on cryptocurrencies – futures, CFDs, baskets (loosely categorised as “crypto derivatives”) fall within the scope of regulation. As a result exchanges and brokerages offering access to crypto derivatives must themselves be regulated.

 “At present, there is no shortage of platforms offering access to both cryptocurrencies and crypto derivatives. However, many of these platforms are unregulated and indeed operate from overseas. Binance is the largest global exchange, operating out of Cayman but available globally including to UK customers.

“The FCA has imposed a ban, not on Binance’s core market but on its UK regulated subsidiary, Binance Markets Limited.  The FCA recently banned the sale of crypto derivatives to retail customers on the grounds that they are too high risk. However, this action against Binance takes things much further and demonstrates a much more interventionist, some might say protectionist attitude on the FCA’s part.”

Read more

Premier League clubs warned crypto deals could be worthless in a year

Man in business suit speaking at a conference podium, addressing a large audience in a modern convention center.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • Blockbeat

Trending Articles

  • James Watt offers to buy back Brewdog

  • Citroën 2CV returns as a £13,000 electric car, and the timing is no accident

  • Brewdog owner shrugs off James Watt takeover bid

  • Motsepe backed to succeed Fifa’s Infantino by South African minister

  • UK’s biggest pub firm probed over treatment of tenants

More from City PM

  • London Stock Exchange boss accuses FCA of ‘playing fast and loose’ as she warns government may have to ‘step in’

    Markets
    Julia Hoggett speaking at a business conference podium, emphasizing key financial strategies and market insights.
  • Premier League clubs warned crypto deals could be worthless in a year

    Sport Business
    Man in business suit speaking at a conference podium, addressing a large audience in a modern convention center.
  • ‘We do not accept the FCA’s characterisation’: Neil Woodford firm responds to watchdog

    Investing
    Neil Woodford and Woodford Investment Management have been handed a £46m fine by the FCA
  • The FCA has finally woken up to the AI revolution

    Opinion
    FCA reception area highlighting UKs shift to market-led innovation post-Brexit in financial regulations debate
  • Motor finance war of words heats up as City watchdog blasts law firm’s motives

    Legal
    The FCA has introduced new proposals to close the financial advice gap.
  • FCA eyes tougher AI rules as Brits turn to chatbots for financial advice

    AI
    An all-party parliamentary group said on Tuesday that the FCA's treatment of both internal and external whistleblowers was “alarming”.
  • Meta’s prediction markets app to prompt scrutiny from British regulators

    Betting
    Meta's Zuckerberg is leading the AI recruitment boom
  • FCA seeks injunction against Neil Woodford over ‘unauthorised’ investment advice

    Investing
    Neil Woodford and Woodford Investment Management have been handed a £46m fine by the FCA

City PM — European politics, business and analysis.

Europe

  • Germany
  • France
  • Europe
  • UK & Ireland

Topics

  • Business
  • Markets
  • AI
  • Technology
  • Opinion
  • Energy

More

  • Politics
  • Economics
  • Fintech
  • Legal
  • Sport
  • Life

Company

  • About City PM
  • Editorial Policy
  • Corrections
  • Contact
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
© 2026 City PM · Published by CityPM Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
About · Editorial Policy · Corrections · Contact · Privacy · Facebook