The AMF and the ACPR reminded service providers that offer digital asset custody services for third parties or the purchase and sale of digital assets in legal tender before the Pacte Law came into force, that they have until 18 December 2020 to register with the AMF.
From 19 December 2020, unregistered service providers offering services of custody of digital assets for third parties or the purchase and sale of digital assets in legal tender in France will be liable to a two-year prison sentence and a fine of €30,000 under the Monetary and Financial Code.
The AMF and the ACPR said that service providers that are not registered by that date will have to stop their activity in France pending their registration.
An exception will apply, however, for those service providers providing digital asset custody services, of the execution of instructions to transfer digital assets to an external portfolio, subject to compliance with anti-money laundering and combating the financing of terrorism (AML/CFT) and asset freezing regulations.
"The authorities shall oversee compliance with the regulations and take appropriate action in the event of any infringement. In particular, the AMF could publish a black list of unregistered service providers, together with a warning to the general public and, if necessary, take legal action to block access to the websites of any unregistered service providers," the two authorities said.
However, for service providers that have submitted their application for registration in good time and whose registration procedure is at a very advanced stage, the authorities said that they may take account of their situation on a case-by-case basis. These service providers will still have to stop all promotional activities and not accept any new clients until they are registered.
Under the Pacte Law, digital asset service providers that offer digital asset custody services for third parties or offer purchase and sale of digital assets in legal tender must be registered with the AMF, after receiving a positive opinion from the ACPR.
Registration entails the implementation of an organisation, procedures and internal control system to ensure compliance with the obligations under the anti-money laundering and combating the financing of terrorism and the freezing of assets.