FCA releases draft guidelines for DeFi, clarifying when interfaces need to obtain authorization in the UK

On October 21, the UK's Financial Conduct Authority (FCA) published Consultation Paper 26/36 titled "Guidance on the Regulatory Scope of Cryptoassets," which explains how to determine whether related activities require authorization when the business model involves a certain degree of decentralization.

The FCA pointed out that the use of software, smart contracts, distributed ledger technology, distributed governance mechanisms, or other technological arrangements does not, by itself, determine whether there are regulated activities that require authorization. Automation merely describes the manner in which functions are executed and does not determine whether that function constitutes part of a regulated activity. The so-called "true DeFi" is not a statutory concept in the "Regulated Activities Order" or the "Cryptoasset Regulations"; the degree of decentralization is a continuum and does not constitute an independent or separate regulatory framework.

At the same time, the FCA also published Guidance Consultation Paper 26/7, which explains how regulated firms should manage DeFi risks, focusing on operational resilience and financial crime risks, and provides examples of measures that firms may consider taking. Both consultation papers will close for comments on November 18, and the FCA plans to publish the final guidance in January 2027. Starting from October 25, 2027, the new regulations will bring new cryptoasset activities under regulatory oversight, and firms wishing to continue related business must submit authorization applications by February 28, 2027.