United Kingdom

Important Aspects	Details about United Kingdom
Specific rules for asset issuance	Issuers must prove ownership of the underlying assets, include independent audits or proof of deposits, and provide clear terms for redemption. Custodianship details and risks such as potential insolvency must be disclosed. The financial promotion rules also apply, ensuring fairness, clarity, and transparency. They have categorized crypto assets into four types: security tokens , exchange tokens, utility tokens and NFTs.
Clarity over resale of assets	The UK provides clarity on the resale of crypto assets, requiring that any promotions for resale comply with the same financial promotion rules. The requirements include clear disclosure of risks, legal status of the assets, and all associated fees or charges. Resale of certain types of tokens, such as securities tokens, may require additional regulatory compliance depending on their categorization.
Trading of digital assets	Trading of digital assets, including their admission to trading venues, is regulated. Firms must comply with financial promotion rules and provide clear disclosures. The FCA requires that information on trading-related activities, including complex yield arrangements, meet standards for risk disclosure and transparency.
Custody of digital assets	Custody rules require firms to clearly disclose who holds legal and beneficial ownership of digital assets, including details of custodianship. For asset-backed tokens, firms must provide evidence of the custodian’s relevant permissions in the jurisdiction and disclose terms of the custody agreement. There must also be disclosure of risks, such as the insolvency of the custodian or issuer.
Dispute resolution	The UK's regulations emphasize the need for transparency and fairness in resolving disputes over digital assets. Firms must have systems and controls in place for handling disputes, including situations where asset ownership or rights are in question. If an asset's legal character is in dispute, the resolution may involve courts or regulatory intervention, depending on the circumstances.
Promotion of digital assets	The promotion of digital assets must be fair, clear, and not misleading, as per the FCA's rules. Issuers must conduct due diligence on stability claims, asset backing, and advertised rates of return. Promotions on social media require disclosure of commercial relationships, and any claims must be substantiated.
Process for asset issuance	Issuers need to file their financial promotions with the FCA. They must conduct due diligence, disclose risks, and provide proof of ownership for asset-backed tokens. For public offers, the use of the National Storage Mechanism (NSM) may be required. Issuers must follow guidelines on transparency and meet FCA’s standards. Issuers must file and publish an approved prospectus if they intend to offer transferable securities to the public, although a number of exemptions are available (e.g., public offers made to “qualified investors” or fewer than 150 persons).
Takeaways for VASP	VASPs must comply with the financial promotion regime. Due diligence is crucial for verifying claims, especially for stablecoins and asset-backed tokens. Clearly disclose custody details and legal status of assets. Promotions on social media need to meet FCA rules. Prepare systems for consumer disclosures and risk assessment.
Takeaways for asset issuer	Issuers must conduct due diligence and prove ownership of assets. Full disclosure of risks, custody, and redemption terms is necessary. Promotions must comply with FCA standards for fairness and clarity. Use the NSM for public offers and align with trading venue rules. Regularly review and update compliance to adapt to regulatory changes.