On 31 January 2025, the widely anticipated statutory instrument exempting cryptoasset staking from the meaning of “collective investment schemes” (CIS) as defined under the Financial Services and Markets Act 2000 (FSMA 2000) came into force.
In the UK, although cryptoasset staking is not expressly regulated under financial services legislation, under the previous rules certain staking arrangements (depending on the exact operating model) had the potential to meet the definition of CIS and therefore fall within the applicable regulatory perimeter. This has caused concerns in the industry regarding the ability to offer staking services without being in breach of existing regulatory requirements that were not developed with such new business models in mind.
To address these concerns, the Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2025 inserts a new paragraph 22 into the Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001, which states that “arrangements for qualifying crypto-asset staking” are excluded from the meaning of CIS as defined under FSMA 2000.
For more on this development, see our article.