Stable coins8 Dec 2023 07:02
Chapter 2
UK stablecoins
regulation
2.1 The regulatory landscape will bring certain (fiat-backed)
stablecoins within the remit of the Bank of England, Financial Conduct
Authority (FCA) and Payment Systems Regulator (PSR), which
altogether will aim to minimise potential for customer harm and
mitigate the conduct, prudential, and financial stability risks arising
from those stablecoins, particularly when used for payments. Those
regimes will be designed in line with the regulators’ statutory
objectives. As noted below, regulators will coordinate to create a
regulatory framework that is coherent and minimise the risks of
regulatory overlaps for firms.
2.2 With regard to the FCA’s regime, HM Treasury seeks to regulate
activities relating to stablecoins in two ways: firstly, by regulating the
use of fiat-backed stablecoins in payment chains; secondly, by
regulating the activities of issuance and custody of fiat-backed
stablecoins when issued in or from the UK irrespective of their uses (for
example whether they are used for payments, store of value or as a
settlement asset). Regulating activities relating to fiat-backed
stablecoins used for payments in this way will give consumers and
industry confidence over the use of stablecoin as a means of payment.
2.3 HM Treasury intend that the category of fiat-backed stablecoins
will be defined in legislation and capture those stablecoins which seek
to maintain a stable value by reference to a fiat currency, and hold (in
part or wholly) that currency as “backing”.
2.4 The use of fiat-backed stablecoins in payment chains will be
regulated through amendments to the Payment Services Regulations
2017 (PSRs 2017), which provide for the regulation of authorised or
registered payment institutions (PIs) and set the conditions for
providing payment services.
2.5 The activities of issuance and custody of UK issued fiat-backed
stablecoin will be included in the Financial Services and Markets Act
2000 (Regulated Activities) Order 2001 (“RAO”). This will enable the FCA
to make rules for firms conducting these activities. Firms wishing to
apply for authorisation to conduct either of those issuance or custody
activities will be subject to FCA rules and guidance as is usual for FCA
regulated activities.
2.6 Fiat-backed stablecoins issued in or from the UK by persons
authorised for the RAO issuance activity will be permitted for use in UK9
payments. The government wishes to accommodate fiat-backed
stablecoins not issued in or from the UK (“overseas” stablecoins) for use
in UK payments for goods and services in the real economy. The
government and FCA will engage industry ahead of legislation on
options for doing this safely. The government would like to explore the
workability of an approach whereby the arranger of the payment (i.e.
the entity who facilitates the individual or merchant to pay or be paid
using an overseas stab