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Swiss crypto bank Seba rebrands to Amina amid global expansion

December 1, 2023 Coin Telegraph

Banks

Seba’s new name, Amina, stems from “transamination,” meaning transference of one compound to another, symbolizing bringing different types of banking together.

Major Swiss cryptocurrency-enabled bank Seba is changing its name amid growing ambitions to expand its trading services worldwide.

Seba Bank AG has rebranded to Amina Bank AG, the firm announced to Cointelegraph on Nov.

The new name, Amina, stems from the term “transamination,” meaning the transference of one compound to another, the firm said — referring to its mission to bring together various elements of traditional, digital and crypto banking.

While the new naming is based on the idea of compounding different types of banking, Amina’s previous name, Seba, is reportedly a play on the name of its founder, Sebastien Merillat. “I’m just passionate about technology and seeing how it will work,” Merillat said in an interview in 2019.

Seba’s rebranding to Amina comes amid the crypto bank actively expanding its products around the world. In early November 2023, Seba obtained a license from the Hong Kong Securities and Futures Commission, which allowed the firm to offer crypto trading services in the country. In 2022, Seba also obtained financial services permission from Abu Dhabi Global Market and opened an office in Abu Dhabi.

Spanish regulators set precedent with crypto ad violations case

November 9, 2023 Coin Telegraph

Coin Telegraph

The National Securities Market Commission accuses Miolos of non-compliance with the cryptocurrency regulations established by the CNMV circular from January 2022.

The principal financial regulator in Spain, the National Securities Market Commission (CNMV), has opened the first case on violating crypto promotion rules in the country.

As reported in the press release from Nov. 8, CNMV initiated “sanctioning proceedings” against Miolos S.L for two “massive” advertisement companies in September and November 2022.

The Commission accuses Miolos of non-compliance with the cryptocurrency regulations established by the CNMV circular from January 2022. Specifically, the company didn’t put any risk warnings and didn’t submit its campaigns for the CNMV’s authorization. The circular obliges companies to provide promo materials for a check at least ten days before publication.

According to the press release, this is the first time CNMV opened sanctioning proceedings for non-compliance with crypto promotion regulations “to remind the public of the need to follow and respect them.” The Spanish regulator also reiterated the right of Miolos to defend itself against allegations.

Spain has said it intends to implement the first comprehensive European Union crypto framework, Markets in Crypto-Assets (MiCA) even earlier than the deadline for EU member states to provide legal certainty and investor protection.

Meanwhile, stepping into the business of crypto promotion oversight, the country can draw some conclusions from the example of the United Kingdom. In the U.K., regulators’ eagerness to pursue the violations of the crypto promotion rules has led to a massive inability of businesses to comply with them and the departure of several major international players from the market.

At first, the Financial Conduct Authority (FCA) had to extend the technical deadlines for compliance to 2024 and then issue the “finalized non-handbook guidance,” once again clarifying the compliance requirements.

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UK Financial Regulator Unveils Guidance for Crypto Firms on Digital Assets Marketing

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UK financial watchdog restricts Binance partner from issuing crypto ads

October 10, 2023 Coin Telegraph

Binance

The Financial Conduct Authority’s marketing requirements for crypto firms went into effect on Oct. 8, requiring some to partner with local companies for compliance.

The Financial Conduct Authority (FCA) of the United Kingdom has placed restrictions on peer-to-peer lending platform Rebuildingsociety, the firm with which crypto exchange Binance partnered for compliance with the regulator’s marketing regime.

In an Oct. 10 notice, the FCA said Rebuildingsociety was not authorized to “approve the content of any financial promotion for a Qualifying Cryptoasset for communication by an unauthorised person” and needed to withdraw any existing approvals. The notice suggested that Binance may no longer have a U.K. partner in compliance with the FCA’s marketing requirements, which went into effect on Oct. 8.

The regulator warned Rebuildingsociety to notify any client — presumably including Binance — that it was “not permitted to approve the content of any Financial Promotion for a Qualifying Cryptoasset,” withdraw any ads offering to approve financial promotions and confirm its compliance to the FCA in writing. Binance aimed to use Rebuildingsociety to allow its U.K. users to view the exchange’s products and services through a localized domain, as the exchange is not registered with the FCA.

The FCA’s restrictions came less than seven days after Binance’s announcement of a partnership with Rebuildingsociety, allowing the exchange to market spot trading, nonfungible tokens and other products and services to U.K. users. Under the FCA’s regime, the crypto exchange said it would no longer offer referral bonuses and gift cards.

The marketing regime, which took effect on Oct. 8, was aimed at requiring firms, including crypto companies, to provide “clear, fair and not misleading” ads or risk criminal charges. The FCA added that certain companies could receive approval for a January 2024 deadline amid uncertainty surrounding the rules, but it’s unclear whether Binance planned to pursue this extension. Companies, including OKX and MoonPay, have already announced they plan to comply with the FCA rules.

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UK FCA gives unregistered crypto firms ‘final warning’ on ads regime compliance

September 21, 2023 Coin Telegraph

The financial regulator expressed its frustration at the lack of engagement from crypto firms in a strongly worded letter.

The Financial Conduct Authority (FCA), the United Kingdom’s financial markets regulator, has again expressed its concern over the lack of engagement on the part of crypto firms that will soon be subject to new marketing rules. The consequences of noncompliance could be severe, it warned.

In a letter dated Sept. 21, the FCA said it was making a final warning to firms marketing crypto assets to UK consumers. The four-page letter first documented the efforts the agency had made to reach out to crypto firms and attempted to support them as they complied with rules announced June 8.

The FCA has gone so far as to extend the Oct. 8 compliance deadline to Jan. 8, 2024, “to introduce features that require greater technical development,” and to publish lengthy notes on best practices. But “many unregistered, overseas cryptoasset firms […] have refused to engage with the FCA despite our best efforts,” the letter said. As evidence, the letter pointed out that only 24 such firms responded to a survey sent to 150 of them.

Compliance with the new regime will require firms to be proactive:

“Once the regime is in force, unauthorised and unregistered crypto businesses will only be able to communicate financial promotions which have been approved by an authorised person or are within the scope of certain narrow exemptions in the Financial Promotion Order.”

Illegal promotion of crypto assets would become a criminal offense. Violators would be placed on a warning list and their promotions could be blocked or removed from websites, social media and apps. Those intermediaries would be expected to heed the new regime as well, in line with Anti-Money Laundering and Counter-Terrorist Financing regulations and other measures.

FCA issues final warning to unregistered crypto firms about upcoming financial promotions regime. UK customer concerns cited. Compliance steps outlined. Expectations for supporting businesses discussed. Read the letter in full here: https://t.co/AjSTQKXDDl pic.twitter.com/hfX9qbLmBq
— Digital Currencies Governance Group (DCGG) (@DigitalDcgg) September 21, 2023

The FCA could seek monetary compensation from the violators, and contracts they enter into with UK citizens would not be enforceable, the letter continues. Crypto asset forms that are unable to meet the new requirements are expected to take steps to prevent UK consumers from responding to their promotions.

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UK financial watchdog could give crypto firms until January 2024 for marketing compliance

September 7, 2023 Coin Telegraph

Coin Telegraph

Companies offering crypto services to U.K. residents have an Oct. 8 deadline to run “clear, fair and not misleading” marketing campaigns, but some could have until Jan. 8.

The United Kingdom’s Financial Conduct Authority, or FCA, has reiterated its warning for all crypto asset firms marketing to users in the country to be in compliance with rules going into effect in October 2023, but added companies could have “more time to implement certain changes”.

In a Sept. 7 notice, the FCA said crypto firms operating in the U.K. could have until January 8, 2024 to address technical issues related to its financial promotions regime if granted approval. The financial watchdog announced the rules aimed at curbing aggressive marketing by crypto firms in June, saying that companies would have to provide “clear, fair and not misleading” ads or risk criminal charges.

“Crypto firms must market to UK consumers clearly, fairly and honestly,” said FCA consumer investments director Lucy Castledine. “They must provide risk warnings people understand. As a proportionate regulator, we’re giving firms that apply a little more time to get the other reforms requiring technology and business change right.”

From 8 October 2023, #crypto firms must market to UK consumers clearly, fairly and honestly, and must also provide risk warnings people understand. https://t.co/cqxj1jVtAT
— Financial Conduct Authority (@TheFCA) September 7, 2023

According to the financial watchdog, promotions falling under the compliance regime included “websites, mobile apps, social media posts and online advertising,” which were “capable of having an effect in the UK” and not limited to firms based in the country. The FCA suggested that it could pursue “robust action” against firms including adding company names to a warning list and requesting removal of social media accounts and websites.

The modification of the enforcement rules, according to a Sept. 7 letter, came in response to crypto firms “not sufficiently considering how certain rules apply to the specifics of the cryptoasset services they provide” as well as significant changes required to be in compliance. Only firms granted approval will have until Jan. 8 — others face an Oct. 8 deadline.

“We understand the challenges firms have faced in preparing for the financial promotions regime. This will be the first conduct regime for the sector and represents a fundamental change to how cryptoasset activities are regulated in the UK.”

In addition to complying with the FCA’s marketing regime, companies must register with the regulator to “carry out crypto asset activities” in the United Kingdom. At the time of publication, the FCA listed 42 registered crypto firms in compliance with its requirements.

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