Summary:
- A study commissioned by the European Parliament has proposed that all crypto assets should be treated as transferable securities by default.
- The burden of regulatory compliance would shift from national regulators to the entities that offer or facilitate trading of crypto assets.
- This proposal appears to be largely in line with established practice in the US, where Bitcoin is treated as a commodity and most other tokens are classified as securities.
European Parliament Study Calls for Crypto Assets To Be Classified As Securities
A recent study commissioned by the European Parliament has called for crypto assets to be treated as transferable securities by default. The authors of the study argued that this is necessary due to the rapid pace of innovation in the crypto industry. To avoid being classified as a security, an intermediary behind a crypto asset can get an exemption from a national competent authority (NCA).
Shift In Regulatory Compliance From National Regulators To Entities Offering Crypto Trading
The study also proposed a shift in the burden of regulatory compliance from national regulators to the entities that offer or facilitate trading of crypto assets. This would streamline the regulatory process and hold those directly involved in crypto transactions accountable.
US Practice In Line With Proposal
The proposal appears to be largely in line with established practice in the US, where major regulatory agencies have hinted that only Bitcoin should be treated as a commodity while most other tokens should be classified as securities. This was echoed by SEC Chair Gary Gensler who argued for this distinction.