Categories: News

New Zealand FMA: All Cryptocurrencies Are Securities

Not long ago, the New Zealand Financial Markets Authority, also known as the FMA, published a commentary on initial coin offerings (ICOs) and digital currency services.

In its statement, the financial regulator declared that the economic substance of a given ICO, alongside a few other characteristics, can determine whether it is a financial product or not. The report proceeded to explain how ICOs can variously fall under the scope of managed investment products, debt securities, derivatives, equity securities, and the like. Therefore, companies holding such crowdfunding campaigns may have to fulfill certain regulatory requirements moving forward.

All tokens and digital currencies are securities

The agency further remarked:

All tokens or cryptocurrencies are securities under the FMC Act [Financial Markets Conduct Act 2013] – even those that are not financial products. A security is any arrangement or facility that has, or is intended to have, the effect of a person making an investment or managing a financial risk.

Related Post

What’s more, the regulator stated that all businesses offering financial services related to digital currencies – think wallets, brokers, and exchanges – must comply with a law known as the Financial Service Providers Act of 2008. If a particular digital currency is not defined as a financial product, then associated businesses will need to comply with relevant trade regulations, as per the Fair Trading Act.

The FMA also commented that at this time, most of the online exchanges operating in New Zealand have no licenses and aren’t regulated. Therefore, if something were to go wrong, investors would have no legal recourse to recover their investment capital.

However, these statements lead us to believe that New Zealand is not actually planning to create any legislative framework for digital currencies and related services anytime soon. Some observers believe that the FMA wishes to inform the public that the organization takes no responsibility whatsoever should things go wrong.

Based on these points, what are your thoughts on the New Zealand FMA’s statements? Let us know in the comments.

Daniel Dob

Daniel is a bitcoin investor and journalist for numerous news outlets in the financial sector. When he's not writing, trading, or interviewing people, you can find him swimming, reading or taking one of his hobbies to the next level.

Share
Published by
Daniel Dob

Recent Posts

Bitcoin Crashes Below $67,000 as $700 Million Wiped From Crypto Market in Hours

Bitcoin is bleeding. The world's largest cryptocurrency plunged to $66,997 on Tuesday, shedding over $6,750…

17 hours ago

Ripple’s RLUSD Goes Live in Türkiye, Hits $1.7 Billion Market Cap

Ripple is not pausing for breath. The company has brought its dollar-pegged stablecoin, $RLUSD, to…

21 hours ago

Bitwise Launches Its First Tokenized Fund With $259M in Assets and 4% Annual Yield

Bitwise Asset Management has just made its first move into tokenized funds, and it comes…

2 days ago

Binance Launches US Stocks and ETFs Trading for Non-US Users With Zero Commission

Binance just made a move that blurs the line between crypto exchange and traditional brokerage…

2 days ago

NEAR Protocol Ships Confidential Payments, Crosses $19B in Intents Volume, and Partners With Bermuda Government

NEAR Protocol has had a month that most blockchain projects would stretch across an entire…

3 days ago

Chainlink Records 7 New Integrations Across 6 Services and 4 Chains

Something is becoming increasingly clear about Chainlink, the integrations are not slowing down. The protocol…

3 days ago