BTC $71,807
2026 Bull Run Is Building Start trading with 5% OFF all fees
Sign Up Now
BTC $71,807
Bull Run 2026 | 5% Off Fees Open your Binance account today
Sign Up

Bitcoin, Ethereum and others are not considered securities in Belgium

The financial regulator in Belgium has confirmed its position that Bitcoin, Ethereum and other cryptocurrencies issued exclusively by computer code are not securities.

- Advertisement -

The explanation came from the Belgian Financial Services and Markets Authority (FSMA) in a report on 22 November, a draft of which was opened for comment in July 2022.

The clarification comes after an increase in requests for answers on how Belgium’s existing financial laws and regulations apply to digital assets, according to FSMA.

When are securities considered

Although not legally binding under Belgian or European Union law, FSMA stated that under its “plan”, cryptocurrencies are classified as securities if issued by an individual or entity:

“If there is no issuer, such as in cases where the instruments this happens by a computer and is not done when coding an agreement between the issuer and Ethereum), then the MiFID regulations and law will not apply”.

- Advertisement -

If it is a transaction instrument

The Belgian regulator noted that cryptocurrencies that are not categorized as securities may be subject to other regulations if a company uses the digital asset as a means of transaction:

“However, if the instruments have a payment or exchange function, other regulations may apply to the instruments or persons providing certain services related to them.”

It does not depend on the technology

FSMA also noted that its plan is technology-neutral, suggesting that it does not matter whether digital assets exist and operate on blockchain or through traditional means.

As a reminder, FSMA first compiled the report in July 2022 as a means of addressing frequent questions from Belgium-based issuers, providers and service providers of digital assets.

Until MiCA is implemented

As FSMA said, the draft will be used as a guideline until the 2024 regulation on cryptocurrency asset markets (MiCA), which is due to come into force in early 2024, is adopted.

Unlike the SEC

Belgium’s clear guidelines are in contrast to the “regulation through enforcement” approach adopted by the US Securities and Exchange Commission (SEC), which is currently asserting regulatory control of digital assets with the US Commodity Futures Trading Commission (CFTC).

While SEC chairman Gary Gensler has long considered BTC as a commodity, he recently argued that post-merger Ethereum and other cryptocurrencies may be securities under the Howey test.

In 95th place

Belgium is not seen as a huge hub of digital asset usage to date, with a recent study by blockchain data platform Chainalysis ranking it 94th in the Global Cryptocurrency Adoption Index.

Residents of Belgium have access to 10 cryptocurrency exchanges according to data from cryptocurrency data resource, Bitrawr.

Previous Articles:

- Advertisement -
Ad
Altseason Is Loading. Don't watch from the sidelines.
SOL $90.51
DOGE $0.0963
LINK $9.02
SUI $1.00
5% off fees when you sign up
Start Trading
Ad
Pay Less on Every Trade. For Life.
$10K/mo volume Save $60/yr
$50K/mo volume Save $300/yr
$100K/mo volume Save $600/yr
5% off all trading fees when you sign up
Claim Your Discount

Latest News

Dmail Network Shuts Down After Five-Year Decentralized Run

Decentralized email platform Dmail Network will officially begin ceasing its services on May 15...

Bank of Canada Study: Aave V3 Had Zero Bad Loans in 2024

A Bank of Canada staff analysis found Aave V3 had zero non-performing loans in...

Tech Giants Found AI Payment Protocol Group

The x402 Foundation launched on Thursday by the Linux Foundation to govern an AI...

Elliptic Links $286M Drift Protocol Hack to North Korea

Elliptic attributes the $286 million exploit of Drift Protocol to actors linked to North...

Coinbase Wins Trust Charter, Won’t Become A Bank

Coinbase received conditional approval from the U.S. Office of the Comptroller of the Currency...

Must Read

Top 10 Best Blockchain Games

If you want to know about the best blockchain games then read this article carefully. We listed the best games you can play and...
Ad
Altseason Is Loading. These 4 coins are trending right now.
SOL $92.12
DOGE $0.0950
LINK $9.02
SUI $1.02
5% off spot fees when you sign up
Start Trading