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

StreamRat Android Trojan Hits 570K Meta Users via Fake Ads

Cybersecurity firm ThreatFabric uncovered a new Android banking trojan called StreamRat, spread via fake...

Trump $1 coin enters circulation, on sale today

The U.S. Mint has released a commemorative 2026 $1 coin featuring President Donald Trump,...

Norway plans smart glasses crackdown, facial recognition ban

Norway plans to regulate smart glasses more strictly and may ban facial recognition in...

Morgan Stanley Warns Limited Cybercabs May Hurt Tesla Shares

Morgan Stanley reiterated an 'Equal Weight' rating and $400 price target on Tesla, implying...

NYDFS tells X Money to halt interest payments to New Yorkers

NYDFS told X Money it cannot pay bank-like interest on non-bank deposits for New...

Must Read

The Best Bitcoin Casinos of 2025: An Expert’s Data-Driven Guide

Top 3 Bitcoin Casinos - Quick Comparison ...
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