UK's New Crypto Regulations: A 24-Hour Deadline That Could Catch Firms Off Guard

The UK's Financial Conduct Authority has introduced proposed crypto regulations that could broaden the definition of custody, potentially affecting platforms and software providers that do not consider themselves custodians. The FCA's Cryptoasset Perimeter Guidance, published recently, highlights several technical traps that firms handling clients' crypto assets must watch out for. A key aspect of the rules is the 24-hour threshold for custody, where any firm or crypto platform holding client assets for more than a day during trade settlement may be classified as a regulated custodian, requiring a full safeguarding license. Validators and node operators must also exercise caution, as providing 'added value' features such as user dashboards or yield tools may lead to the loss of their pure tech exemption, necessitating full approval for arranging staking. The regulator has emphasized the importance of strengthening consumer protections and supporting fair, transparent, and orderly markets as the sector evolves. Notably, the FCA has addressed the issue of 'shadow custody,' making it clear that crypto service providers allowing theoretical override of a client's authority are considered custodians, even if they guarantee not to exert that power. The document also notes that the use of smart contracts, public blockchains, or decentralized elements does not determine the perimeter position or exempt an arrangement from regulation. For stablecoin issuers, the rules are equally straightforward, requiring the issuer to be established in the UK and manage the entire lifecycle, from initial offering to redemption and reserve maintenance. The FCA has invited feedback on these proposals until June 3, 2026, and intends to publish finalized rules in policy statements this summer, followed by the final perimeter guidance in September. The new regulations will require all entities providing crypto services to transition from the current money-laundering registration systems to a stricter approval regime under the UK's Financial Services and Markets Act. Firms intending to continue operating under the new regulations face a five-month application window from September 30, 2026, to February 28, 2027, and failure to meet this deadline may result in fines, suspensions, or permanent closures. Only those who apply during the application period will benefit from the 'savings provisions' that allow them to continue operating while the regulator deliberates.