The UK government has tweaked financial regulations to exempt cryptocurrency staking from the scope of “collective investment schemes” (CIS), which are subject to strict scrutiny.
The Treasury Department’s updated framework provides legal clarity for staking on blockchains like Ethereum and Solana.
Cryptocurrency staking has a new legal precedent in the UK
One edict newly enacted on January 8 amending the Financial Services and Markets Act 2000. It establishes that arrangements involving “staking of qualifying crypto assets” do not constitute a CIS.
This term refers to the use of networks based on blockchain or similar technology to authenticate transactions. The revised regulations will take effect on January 31, 2025.
Under UK law, a CIS includes any collective investment arrangement where the parties involved share profits or income, such as an ETF or mutual fund.
These schemes are subject to strict supervision by the Financial Conduct Authority (FCA), requiring registration, authorization and ongoing compliance by approved administrators. The new regulations ensure that staking activities fall outside this strict framework.
The new order fits into the UK Treasury’s broader plans to regulate cryptocurrencies. In November 2024, Deputy Economic Minister Tulip Siddiq announced that draft regulations covering cryptocurrency staking services, Stablecoins, and other cryptocurrency activities will be ready in early 2025.
Additionally, the final regulatory framework, including regulation for crypto trading and lending platforms, is expected to be completed in the first quarter of 2026.
Ongoing challenges for the FCA
Despite recent developments, the FCA continues to face challenges in enforcing compliance in the cryptocurrency industry.
In 2024, the agency received 1,702 requests to take down illegal cryptocurrency ads, but only 54% of them resulted in action. The FCA has not imposed any penalties on non-compliant firms, raising concerns about the effectiveness of its enforcement measures.
Besides, in 2024, the UK witnessed many prominent controversies related to cryptocurrencies.
TikTok has come under scrutiny from the FCA for allegedly operating an unregistered cryptocurrency exchange through its virtual coin system, which compliance experts say could allow financial transactions to take place. Mainly unmanaged.
Additionally, Solana-based meme coin platform Pump.fun banned UK users following warnings from the FCA.
The Treasury Department’s move to address regulatory gaps reflects the government’s intention to balance innovation and investor protection as the cryptocurrency industry continues to grow.