The Money Laundering and Terrorist Financing (Amendment) Regulations 2026
These Regulations, enacted by HM Treasury, substantially amend the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs) to strengthen anti-money laundering and counter-terrorist financing regimes, notably by implementing enhanced due diligence requirements for cryptoasset correspondent relationships and addressing specific areas like insolvent bank customers and trust registration.
Key changes include the introduction of new duties for cryptoasset businesses dealing with overseas providers, clarification of Customer Due Diligence (CDD) for pooled accounts, substitution of 'high-risk third country' with 'FATF call for action country,' conversion of various monetary thresholds from Euros to Sterling, and amendments to trust registration rules concerning pre-2020 UK land acquisitions and the exclusion criteria for certain trusts.
Furthermore, the rules governing changes in control over registered cryptoasset businesses are modified to align with the evolving future regulatory framework under FSMA, with some provisions taking effect later in 2027.
Arguments For
Enhances anti-money laundering (AML) and counter-terrorist financing (CTF) resilience by introducing stricter enhanced customer due diligence (ECDD) for cryptoasset correspondent relationships, aligning with international FATF standards.
Clarifies and modernises trust registration requirements by updating thresholds and rules for trusts holding UK land acquired before October 2020, ensuring greater transparency over beneficial ownership.
Improves regulatory responsiveness by requiring service providers to report material inaccuracies or changes in previously supplied regulatory information to the FCA within 30 days.
Provides necessary regulatory flexibility during bank insolvency proceedings by allowing credit institutions to permit 'insolvent bank customers' limited account access before full CDD is completed, facilitating urgent financial operations while maintaining core identification checks.
Updates monetary thresholds in regulations from Euros to Sterling (generally on a 1:1 basis) to streamline compliance within the UK context, improving operational clarity for regulated entities.
Arguments Against
The introduction of staggered commencement dates, particularly extending provisions related to cryptoasset control changes until February and October 2027, may create temporary regulatory uncertainty for businesses operating during the transition.
Modifying control definitions for registered cryptoasset businesses requires significant administrative compliance effort, especially for existing businesses registered before the October 2027 cutoff date, who must adapt to modified Financial Services and Markets Act (FSMA) provisions.
Treating all Euro thresholds as a direct 1:1 Sterling equivalent, while simplifying administration, might not perfectly reflect current true currency valuations if the intent was to maintain the actual economic threshold across different currencies.
New stringent requirements on pooled accounts could increase operational burden on credit institutions and customers regarding information gathering, risk assessment, record keeping, and potential disclosure obligations.
Expanding the scope of trusts required to register based on pre-October 2020 land interests, even with new exclusions, increases compliance obligations for estate administration and asset management.
2026 No. 621
FINANCIAL SERVICES
The Money Laundering and Terrorist Financing (Amendment) Regulations 2026
----Made
9th June 2026
Coming into force in accordance with regulation 1
The Treasury make these Regulations in exercise of the powers conferred by sections 49 and 54(2) of, and Schedule 2 to, the Sanctions and Anti-Money Laundering Act 2018( a ).
In accordance with section 55(5)(d) of the Sanctions and Anti-Money Laundering Act 2018 a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation, commencement and extent
- -(1) These Regulations may be cited as the Money Laundering and Terrorist Financing (Amendment) Regulations 2026.
(2) Subject to paragraphs (3) to (5), these Regulations come into force 21 days after the day on which these Regulations are made.
(3) This regulation comes into force on the day after the day on which these Regulations are made.
(4) Regulation 20 (insertion of regulation 34A (enhanced customer due diligence: cryptoasset exchange providers, custodian wallet providers and correspondent relationships)) and regulation 36(b) (amendment of Schedule 6 (meaning of 'relevant requirement'): insertion of reference to regulation 34A) come into force on 1st February 2027.
(5) Regulation 37 (substitution of Schedule 6B (changes in control of registered cryptoasset businesses)) takes effect-
( a ) 2018 c. 13. Section 49 was amended by paragraph 9 of Schedule 3 to the Sanctions and Anti-Money Laundering Act 2018 and by S.I. 2019/466, 2019/573 and 2019/577, as amended, in each case, by S.I. 2020/1289. See the definition of 'appropriate Minister' in section 1(9) of the Sanctions and Anti-Money Laundering Act 2018.
- (a) 21 days after the day on which these Regulations are made for the purposes of substituting paragraphs 1, 2 and 5 of new Schedule 6B for the existing Schedule 6B; and
- (b) for all other purposes on 25th October 2027.
(6) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Regulation 1 details the title, commencement, and extent of the 2026 Regulations.
These rules are officially named the Money Laundering and Terrorist Financing (Amendment) Regulations 2026 and are made under the Sanctions and Anti-Money Laundering Act 2018.
Most provisions take effect 21 days after they are made.
However, specific amendments relating to enhanced due diligence for cryptoassets (Regulation 20) and consequential amendments (Regulation 36(b)) start later, on February 1st, 2027.
Changes to Schedule 6B regarding control changes for cryptoasset businesses (Regulation 37) have a two-stage commencement: partial substitution on day 21, and full effect on October 25th, 2027.
The Regulations apply across England, Wales, Scotland, and Northern Ireland.
PART 2
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
Amendment of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017( a ) are amended in accordance with regulations 3 to 37.
Amendment of regulation 3 (general interpretation)
- In regulation 3( b )-
- (a) in paragraph (1), after the definition of 'credit institution', insert-
''cryptoasset business' has the meaning given by regulation 64B;';
- (b) in paragraph (2)(a), for 'euros' substitute 'sterling';
- (c) in paragraph (2)(b)-
- (i) for 'sterling (or any other currency)' substitute 'another currency';
- (ii) for 'euros', in both places it occurs, substitute 'sterling';
- (iii) omit 'sterling or';
- (iv) for 'the euro' substitute 'sterling'.
Amendment of regulation 4 (meaning of business relationship)
- In regulation 4(2)( c ), after 'services described in regulation 12(2)(a),', insert '(ab),'.
Amendment of regulation 8 (application)
- In regulation 8( d ), after paragraph (3), insert-
'(3A) Regulation 29 applies to a customer provided with a pooled account (within the meaning of paragraph (10) of that regulation) by a relevant person.'.
Amendment of regulation 10 (credit institutions and financial institutions)
- In regulation 10(2)(b)( e ), after 'long-term insurance', insert 'other than a reinsurance contract'.
Regulation 2 sets the scope: Amendments are made to the principal 2017 Money Laundering Regulations (MLRs) across regulations 3 to 37.
Regulation 3 updates the general interpretation section by inserting a definition for 'cryptoasset business' linked to Regulation 64B and substitutes references to 'euros' with 'sterling' in paragraph (2), often changing currency phrasing for clarity (e.g., replacing 'sterling or' with 'another currency' contextually).
Regulation 4 adds a specific reference when defining a business relationship, relating to services described in Regulation 12(2)(a).
Regulation 5 extends the application of Regulation 29 (which deals with additional CDD for credit/financial institutions) to cover customers provided with a 'pooled account' by a relevant person.
Regulation 6 amends the scope for credit/financial institutions by clarifying that 'long-term insurance' excludes reinsurance contracts.
Amendment of regulation 12 (independent legal professionals and trust or company service providers)
- In regulation 12( a )-
- (a) in paragraph (2), after sub-paragraph (a), insert-
- '(ab) selling an off-the-shelf firm;';
- (b) after paragraph (2), insert-
'(3) In this regulation, an 'off-the-shelf firm' means a firm that either-
- (a) does not carry on business; or
- (b) carries on business but such business is not the main activity carried on by the trust or company service provider.'.
Amendment of regulation 13 (estate agents and letting agents)
- In regulation 13(4)(b)(ii)( b ), for '10,000 euros' substitute '£10,000'.
Amendment of regulation 14 (high value dealers, casinos, auctions platforms and art market participants)
- In regulation 14( c ), for '10,000 euros', in each place it occurs, substitute '£10,000'.
Amendment of regulation 15 (exclusions)
- In regulation 15-
- (a) in paragraph (1)(c), for 'or 40 to 49' substitute ', 40 to 49 or 58';
- (b) in paragraph (3)(b), for '1,000 euros' substitute '£1,000'.
Amendment of regulation 19 (policies, controls and procedures)
- In regulation 19(4)(a)(i)(aa), for 'complex or unusually large' substitute 'unusually complex or unusually large in each case given the nature of the transaction'.
Regulation 7 modifies rules for independent legal professionals and trust or company service providers (TCSPs).
Selling an 'off-the-shelf firm'—a pre-existing firm that is either dormant or whose sale is not the TCSP's main activity—is explicitly brought within the scope of services that trigger business relationship obligations.
Regulations 8 and 9 update monetary thresholds relevant to estate agents, letting agents, high-value dealers, casinos, and art market participants, replacing '10,000 euros' with '£10,000'.
Regulation 10 makes consequential amendments to exclusions in Regulation 15, referencing Regulation 58, and adjusts a Euro threshold to '£1,000'.
Regulation 11 refines the trigger for mandatory internal policies, controls, and procedures under Regulation 19, requiring them for transactions deemed 'unusually complex or unusually large in each case given the nature of the transaction,' rather than just 'complex or unusually large.'
Amendment of regulation 19A (policies, controls and procedures in relation to proliferation financing)
- In regulation 19A(4)(a)(i)(aa)( d ), for 'complex or unusually large' substitute 'unusually complex or unusually large in each case given the nature of the transaction'.
Amendment of regulation 23 (requirement on authorised person to inform the FCA)
- In regulation 23, after paragraph (3), insert-
'(3A) If, at any time after an authorised person whose supervisory authority is the FCA ('A') has provided the FCA with any information under this regulation-
- (a) there is a material change affecting any matter contained in that information; or
- (b) it becomes apparent to A that the information contains an inaccuracy,
then A must provide the FCA with details of the change or a correction of the inaccuracy within 30 days beginning with the date of the occurrence of the change or the discovery of the inaccuracy.'.
Regulation 12 applies the same refined threshold wording used in Regulation 19 to policies concerning proliferation financing risk, specifying 'unusually complex or unusually large in each case given the nature of the transaction'.
Regulation 13 introduces a new requirement under Regulation 23, compelling authorised persons supervised by the Financial Conduct Authority (FCA) to report any material change or discovered inaccuracy in information previously provided to the FCA. This correction or notification must be sent within 30 days of the change occurring or the inaccuracy being discovered.
Amendment of regulation 27 (customer due diligence)
- In regulation 27( a )-
- (a) in paragraph (1)(b), for '1,000 euros' substitute '£800';
- (b) in paragraph (2), for '15,000 euros' substitute '£12,000';
- (c) in paragraph (3), for '10,000 euros' substitute '£10,000';
- (d) in paragraph (5), for '2,000 euros' substitute '£2,000';
- (e) in paragraph (7), for '2,000 euros' substitute '£2,000';
- (f) in paragraph (7A)-
- (i) in the opening words, insert 'occasional' after 'any';
- (ii) in sub-paragraph (ii), for '10,000 euros' substitute '£10,000';
- (g) in paragraph (7C)(a)-
- (i) insert 'occasional' after 'any such';
- (ii) for 'or series of linked transactions,' substitute 'whether executed in a single operation or in several operations which appear to be linked,';
- (iii) for '10,000 euros' substitute '£10,000';
- (h) in paragraph (7C)(b), for '10,000 euros' substitute '£10,000';
- (i) in paragraph (7E), for '1,000 euros' substitute '£800'.
Regulation 14 updates several Euro thresholds within Regulation 27 concerning Customer Due Diligence (CDD), converting them to Sterling equivalents (e.g., €1,000 becomes £800, €15,000 becomes £12,000, and €10,000 becomes £10,000).
Specific changes also occur to transaction monitoring triggers for certain regulated entities.
The wording in Regulation 27(7A) and (7C) concerning 'occasional' transactions is clarified.
Regulation 27(7C)(a)(ii) revises the definition of linked transactions to explicitly cover operations 'whether executed in a single operation or in several operations which appear to be linked.'
Amendment of regulation 29 (additional customer due diligence measures: credit institutions and financial institutions)
- In regulation 29( b ), after paragraph (9), insert-
'(10) Paragraphs (11) to (17) apply if the relevant person provides a customer with a new account into which monies are pooled ('pooled account') on or after the day on which this paragraph comes into force.
(11) When providing a customer with a pooled account, the relevant person must-
- (a) take reasonable measures to understand the purpose of the pooled account and how the customer proposes to use it;
- (b) take steps to be satisfied that the purpose and proposed use under sub-paragraph (a) is consistent with the relevant person's knowledge of the customer, the customer's business and risk profile, and must conduct updated customer due diligence measures where it is not so satisfied; and
- (c) once satisfied under sub-paragraph (b), assess the level of risk of money laundering and terrorist financing associated with the customer using the pooled account and take reasonable steps to manage and mitigate the risks arising from that use by the customer.
(12) In making an assessment under paragraph (11)(c), the relevant person must consider, among other things, the appropriateness of imposing controls on the pooled account to manage and mitigate the risks.
(13) The relevant person must be able to demonstrate to its supervisory authority that the extent of the measures it has taken to satisfy the requirements under paragraphs (11) and (12) is appropriate in view of the risks of money laundering and terrorist financing.
(14) When a customer has a pooled account with a relevant person, the customer must make available to the relevant person, on request from the relevant person, information on the identity of the persons on whose behalf monies are held in the pooled account and information on the identity of any beneficial owners of those persons.
(15) A customer which is provided with a pooled account by a relevant person must maintain accurate and up-to-date records in writing of all the monies that are paid into and out of the pooled account for a period of five years beginning, in the case of each payment into or out of the account, on the date on which the customer knows, or has reasonable grounds to believe, that the payment is complete.
(16) A customer of the relevant person must on request by any law enforcement authority provide information about itself and the management and use of any pooled account it has with the relevant person to that law enforcement authority.
(17) A customer is not required under paragraph (13), (14) or (16) to provide information which that person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court (or, in Scotland, on the ground of confidentiality of communications in the Court of Session).
(18) A disclosure made under paragraph (13), (14) or (16) is not to be taken to breach a duty of confidentiality owed by a professional legal adviser to a client of the adviser or any other restriction, however imposed, on the disclosure of information.'.
Regulation 15 inserts new paragraphs (10) to (17) into Regulation 29, imposing specific Enhanced Customer Due Diligence (ECDD) requirements for credit and financial institutions that provide a customer with a 'pooled account' (where client monies are mixed).
Institutions must understand the account's purpose, ensure it aligns with their existing customer knowledge, and assess and mitigate the associated money laundering/terrorist financing risk.
Customers holding pooled accounts must provide identity and beneficial ownership information upon request and keep five years of transaction records.
These obligations are enforceable, though customers can refuse information based on legal professional privilege, and disclosures made under these rules do not breach confidentiality duties.
Amendment of regulation 30 (timing of verification)
- In regulation 30-
- (a) in paragraph (1), for 'This', substitute 'Subject to paragraph (1A), this';
- (b) after paragraph (1), insert-
'(1A) This regulation does not apply to a credit institution in relation to an insolvent bank customer where regulation 30ZA applies.';
- (c) after paragraph (7), insert-
'(8) In this regulation, 'insolvent bank customer' has the meaning given in regulation 30ZA(5).'.
Insertion of regulation 30ZA (insolvent bank customers)
- After regulation 30, insert-
'Insolvent bank customers
30ZA. -(1) Subject to paragraphs (2) and (3), a credit institution may permit an insolvent bank customer to open an account and transact from it before completing customer due diligence measures.
(2) Before permitting an insolvent bank customer to open an account and transact from it under paragraph (1), the credit institution must-
- (a) identify the customer in accordance with regulation 28(2)(a); and
- (b) where applicable, identify a person purporting to act on the customer's behalf and verify that such person is authorised so to act in accordance with regulation 28(10)(a) and (b).
(3) After permitting an insolvent bank customer to open an account and transact from it under paragraph (1), the credit institution must-
- (a) apply the other customer due diligence measures required by regulation 28 as soon as practicable; and
- (b) if it becomes apparent that any of the situations or cases set out in regulation 33(1) apply, carry out no further transactions from the insolvent bank customer's account until it has completed the customer due diligence measures required by regulation 28, with the exception of regulation 28(11).
(4) For the purposes of this regulation, a credit institution is to be treated as identifying an insolvent bank customer that is a body corporate if the credit institution-
- (a) obtains the information listed in regulation 28(3)(a); and
- (b) where the insolvent bank customer is not a company which is listed on a regulated market-
- (i) takes reasonable measures to determine the information listed in regulation 28(3)(b); and
- (ii) identifies the beneficial owner where the customer is beneficially owned by another person.
(5) In this regulation-
'insolvency date' in respect of an insolvent bank means the date on which a bank insolvency order is made in relation to the bank under section 94 (the order) of the Banking Act 2009( a );
'insolvent bank' means either-
- (a) a bank as defined in section 2 (interpretation: 'bank') of the Banking Act 2009 that has entered into the procedure in Part 2 of that Act; or
- (b) a building society as defined in section 119 (interpretation) of the Building Societies Act 1986( b ) that has entered into the procedure in Part 2 of the Banking Act 2009, as applied and modified by section 90C (application of bank insolvency and administration legislation to building societies) of the Building Societies Act 1986;
'insolvent bank customer' means any customer-
- (a) which the credit institution is reasonably satisfied was a customer of an insolvent bank at the insolvency date in respect of that insolvent bank; and
- (b) with whom the credit institution begins to establish a business relationship within the period of 30 days beginning with the insolvency date in respect of that insolvent bank.'.
Regulation 16 modifies Regulation 30 by exempting credit institutions dealing with 'insolvent bank customers' from standard timing requirements for verification, directing reference to the new Regulation 30ZA.
Regulation 17 inserts Regulation 30ZA, establishing rules for how credit institutions handle relationships with insolvent bank customers (defined in 30ZA(5), relating to banks or building societies under Part 2 of the Banking Act 2009 insolvency procedure).
Under 30ZA(1), a credit institution may allow an insolvent bank customer to open an account and transact immediately, provided it identifies the customer and any person acting on its behalf and verifies their authority.
Full CDD must follow as soon as practicable, unless Regulation 33 risk triggers occur, in which case activity stops until CDD is complete.
Amendment of regulation 30A (requirement to report discrepancies in registers)
- In regulation 30A( a )-
- (a) in paragraph (1), for 'Before' substitute 'Subject to paragraph (8A), before';
- (b) after paragraph (8), insert-
'(8A) In relation to an insolvent bank customer of a type described in any of sub-paragraphs (a) to (f) of paragraph (1), a credit institution may comply with the requirement in paragraph (1) after the establishment of a business relationship with that customer.
(8B) In this regulation, 'insolvent bank customer' has the meaning given in regulation 30ZA(5).'.
Amendment of regulation 33 (obligation to apply enhanced customer due diligence)
- In regulation 33( b )-
- (a) in paragraph (1)(b), for 'high-risk third country', in both places it occurs, substitute 'FATF call for action country';
- (b) in paragraph (1)(f)(i), for 'complex or unusually large' substitute 'unusually complex or unusually large in each case given the nature of the transaction';
- (c) in paragraph (3)(a), for the definition of 'high-risk third country' substitute-
'a 'FATF call for action country' means a country named on the list of High-Risk Jurisdictions subject to a Call for Action published by the Financial Action Task Force as such list has effect from time to time( c );'.
Regulation 18 amends Regulation 30A regarding reporting discrepancies in registers.
It allows credit institutions to delay reporting discrepancies until after establishing a business relationship when dealing with an insolvent bank customer.
Regulation 19 updates Regulation 33, which mandates Enhanced Customer Due Diligence (ECDD).
It replaces the term 'high-risk third country' with the newly defined 'FATF call for action country' throughout.
It also updates the measure for complex transactions to match the refined language introduced earlier: 'unusually complex or unusually large in each case given the nature of the transaction'.
Insertion of regulation 34A (enhanced customer due diligence: cryptoasset exchange providers, custodian wallet providers and correspondent relationships)
- After regulation 34, insert-
'Enhanced customer due diligence: cryptoasset exchange providers, custodian wallet providers and correspondent relationships
34A. -(1) A cryptoasset exchange provider or a custodian wallet provider (the 'correspondent') which has or proposes to have a correspondent relationship involving the execution of services of a type described in regulation 14A(1) or (2) with another provider providing similar services (the 'respondent') from a third country must, in addition to the measures required by regulation 33-
(a) gather sufficient information about the respondent to understand fully the nature of its business;
(b) determine from publicly-available information from credible sources the reputation of the respondent and the quality of the supervision to which the respondent is subject;
(c) assess the respondent's controls to counter money laundering and terrorist financing;
(d) obtain approval from senior management before establishing a new correspondent relationship;
(e) document the responsibilities of the respondent and correspondent in the correspondent relationship; and
(f) be satisfied that, in respect of those of the respondent's customers who have direct access to accounts with the correspondent, the respondent-
(i) has verified the identity of, and conducts ongoing customer due diligence measures in relation to, such customers; and
(ii) is able to provide to the correspondent, upon request, the documents or information obtained when applying such customer due diligence measures.
(2) Cryptoasset exchange providers and custodian wallet providers must not enter into, or continue, a correspondent relationship with a shell bank.
(3) Cryptoasset exchange providers and custodian wallet providers must take appropriate enhanced measures to ensure that they do not enter into, or continue, a correspondent relationship with a credit institution or financial institution which is known to allow its accounts to be used by a shell bank.
(4) For the purposes of this regulation-
- (a) 'cryptoasset' has the meaning given by regulation 14A(3)(a) and includes a right to, or interest in, the cryptoasset;
- (b) 'correspondent relationship' means the relationship between and among cryptoasset exchange providers, custodian wallet providers, credit institutions and financial institutions including where similar services are provided by a correspondent to a respondent, and including relationships established for transactions in, or transfers of, cryptoassets;
- (c) 'shell bank' has the meaning given by regulation 34(4)(b).'.
Regulation 20 introduces a new Regulation 34A, mandating Enhanced Customer Due Diligence (ECDD) for cryptoasset businesses (providers operating as a correspondent) that establish correspondent relationships with overseas providers (respondents) involving cryptoasset services.
This ECDD, in addition to standard measures, requires gathering information on the respondent's business, reputation, supervisory quality, and internal AML/CTF controls.
Senior management must approve new relationships.
Crucially, the correspondent must verify that the respondent performs identity verification and ongoing CDD on its own customers who access the correspondent's accounts directly.
New prohibitions prevent cryptoasset businesses from entering correspondent relationships with 'shell banks' or with financial institutions known to allow shell banks to use their accounts.
Amendment of regulation 37 (application of simplified customer due diligence)
- In regulation 37(2)(a)( a )-
- (a) after 'in regulations 28' insert ', 29';
- (b) for 'regulation 28' substitute 'regulations 28 and 29(11) to (13)'.
Amendment of regulation 38 (electronic money)
- In regulation 38( b )-
- (a) in paragraph (1)(a), for '150 euros' substitute '£150';
- (b) in paragraph (1)(b)(ii), for '150 euros' substitute '£150';
- (c) in paragraph (2)(a), for '50 euros' substitute '£50';
- (d) in paragraph (2)(b), for '50 euros' substitute '£50'.
Amendment of regulation 39 (reliance)
- In regulation 39(4)( c ), for 'high-risk third country', in both places it occurs, substitute 'FATF call for action country'.
Regulation 21 adjusts the interaction between Simplified Due Diligence (SDD) and the new rules on pooled accounts.
It ensures that SDD applications in Regulation 37 must also consider the new due diligence requirements introduced for pooled accounts under Regulation 29(11) to (13).
Regulation 22 updates monetary thresholds for electronic money under Regulation 38, replacing '150 euros' with '£150' and '50 euros' with '£50'.
Regulation 23 updates Regulation 39 concerning reliance on third parties, substituting 'high-risk third country' with the updated term 'FATF call for action country'.
Amendment of regulation 42 (application of this Part)
- In regulation 42(2)(b)(iii)( a )-
- (a) at the end of sub-paragraph (aa), omit 'or';
- (b) after sub-paragraph (aa), insert-
- '(aaa) acquired an interest in land in the United Kingdom before 6th October 2020 and continued to hold that interest up to and including the date on which this sub-paragraph comes into force; or'.
Amendment of regulation 45 (register of beneficial ownership)
- -(1) Regulation 45( b ) is amended as follows.
(2) In paragraph (10G), in the opening words, for 'or (10B)' substitute ', (10B) or (10C)'.
(3) In paragraph (14), omit sub-paragraph (f).
Regulation 24 amends Regulation 42 regarding the scope of beneficial ownership registration, specifically concerning land interests.
It adds a new category (aaa) to the list of circumstances where registration requirements apply: trusts that acquired UK land before October 6, 2020, and still held that interest when this amendment comes into force.
Regulation 25 amends Regulation 45 concerning the Register of Beneficial Ownership.
It updates paragraph (10G) to reference a new subsection (10C) and removes sub-paragraph (14)(f), omitting a reference to a specific condition within the Beneficial Ownership Register rules.
Amendment of regulation 45ZA (register of beneficial ownership: additional types of trust)
- -(1) Regulation 45ZA( c ) is amended as follows.
(2) In paragraph (2)-
- (a) in sub-paragraph (b)-
- (i) omit the 'or' at the end of paragraph (i);
- (ii) at the end of paragraph (ii), insert 'or';
- (iii) after paragraph (ii), insert-
- '(iii) acquired an interest in land in the United Kingdom before 6th October 2020 and continued to hold that interest up to and including the date on which this paragraph comes into force;';
- (b) in sub-paragraph (c)-
- (i) the words 'acquire an interest in land in the United Kingdom' become sub-paragraph (c)(i);
- (ii) at the end of that sub-paragraph, insert 'or';
- (iii) after that sub-paragraph, insert-
- '(ii) acquired an interest in land in the United Kingdom before 6th October 2020 and continued to hold that interest up to and including the date on which this paragraph comes into force.'.
(3) In paragraph (4), in the opening words, after 'paragraph (1)' omit '(a) or (b)'.
(4) In paragraph (5)-
- (a) in sub-paragraphs (a) and (b), for '(b) or (c)' substitute '(b)(i), (b)(ii) or (c)(i)';
- (b) after sub-paragraph (a), insert-
- '(aa) on or before 1st September 2027, in the case of a trust which falls within paragraph (1)(b)(iii) or (c)(ii);'.
Regulation 26 makes further specific amendments to Regulation 45ZA concerning additional types of trusts needing to register their beneficial ownership.
It specifically expands the categories requiring registration (Type B and Type C trusts) to retrospectively include trusts that acquired UK land before October 6, 2020, and still hold it upon commencement of these changes.
Formatting changes are made to sub-paragraphs (b) and (c) within paragraph (2) to incorporate this new historical land holding circumstance.
The provision also introduces a deadline of September 1, 2027, for registration in these newly captured land-holding scenarios.
Amendment of regulation 45ZB (access to information on the register)
- In regulation 45ZB( a ), in paragraphs (3) and (8), for 'or a type B trust' substitute ', a type B trust or a type C trust'.
Amendment of regulation 50 (duty to co-operate)
- In regulation 50( b )-
- (a) in paragraph (1)(a), after 'the Treasury', insert ', the registrar';
- (b) in paragraph (1)(b), after 'supervisory authorities', insert ', the registrar';
- (c) after paragraph (4), insert-
'(4A) A reference to the registrar in this regulation is to the registrar of companies within the meaning of section 1060(3) of the Companies Act 2006( c ).'.
Regulation 27 widens access rights to the register of beneficial ownership information under Regulation 45ZB to explicitly include 'type C trusts', alongside existing type A and type B trusts.
Regulation 28 enhances the duty for relevant persons to cooperate under Regulation 50.
It explicitly includes 'the registrar' (defined as the registrar of companies) within the list of bodies to whom regulated entities must cooperate with, alongside the Treasury and supervisory authorities.
Amendment of regulation 52 (disclosure by supervisory authorities and other relevant authorities)
- In regulation 52( d )-
- (a) in paragraph (1)(b), omit 'or';
- (b) in paragraph (1)(c), for 'functions.' substitute 'functions; or';
- (c) after paragraph (1)(c), insert-
- '(d) the functions of the investigator appointed under section 84 of the Financial Services Act 2012( e ) in relation to the complaints scheme, within the meaning of that section.';
- (d) in paragraph (1A), for '(e) or (f)' substitute '(e), (f) or (g)';
- (e) in paragraph (1B), for '(e) or (f)' substitute '(e), (f) or (g)';
- (f) after paragraph (5)(f), insert-
- '(g) the investigator appointed under section 84 of the Financial Services Act 2012 in relation to the complaints scheme, within the meaning of that section.'.
Regulation 29 expands the conditions under which supervisory authorities may disclose confidential information under Regulation 52.
Disclosure is now expressly permitted to the investigator appointed under section 84 of the Financial Services Act 2012 concerning the FCA's complaints scheme.
This necessitates consequential amendments to references within paragraphs (1A) and (1B) of Regulation 52 to reflect the inclusion of this new category of recipient, labelled as sub-paragraph (g).
Amendment of regulation 52A (obligation of confidentiality)
- In regulation 52A( f )-
- (a) in paragraph (2), for 'credit institution or financial institution' substitute 'credit institution, financial institution or cryptoasset business';
- (b) in paragraph (3)(a)(iii), for 'credit institutions and financial institutions' substitute 'credit institutions, financial institutions and cryptoasset businesses';
- (c) in paragraph (3), after sub-paragraph (d), insert-
'(da) where the FCA is the supervisory authority, unless disclosure is otherwise permitted by this regulation, in accordance with sections 348 (restrictions on
disclosure of confidential information by FCA, PRA etc.)( a ) and 349 (exceptions from section 348)( b ) of FSMA where those sections shall apply for the purposes of this sub-paragraph subject to the modifications in paragraph (3A).';
- (d) after paragraph (3), insert-
'(3A) Section 348 of FSMA is to be read as if-
(a) in subsection (1), for any reference to 'a primary recipient' or 'the primary recipient' there were substituted 'the FCA';
(b) in subsection (2)(b)-
(i) for 'the primary recipient' there were substituted 'the FCA';
(ii) for the words from ', the PRA' to the end of that subsection there were substituted 'under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017';
(c) subsection (2A) were omitted;
(d) in subsection (3)(a), for 'this Act' there were substituted 'the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017';
(e) subsections (5) to (8) were omitted;
(f) any reference to 'primary recipient' in regulations made under section 349 of FSMA were a reference to 'the FCA'.';
(e) in paragraph (4)(a)-
(i) for 'a credit institution or a financial institution' substitute 'a credit institution, a financial institution or a cryptoasset business';
(ii) for 'credit institutions or financial institutions' substitute 'credit institutions, financial institutions or cryptoasset businesses';
(f) in paragraph (4)(b)-
(i) in the opening words, for 'credit or financial institution', substitute 'credit or financial institution or cryptoasset business';
(ii) in paragraph (i), for 'credit institutions or financial institutions' substitute 'credit institutions, financial institutions or cryptoasset businesses';
(iii) in paragraph (ii), for 'credit institutions or financial institutions' substitute 'credit institutions, financial institutions or cryptoasset businesses';
(g) in paragraph (7), for 'credit institutions or financial institutions' substitute 'credit institutions, financial institutions or cryptoasset businesses'.
Regulation 30 significantly amends Regulation 52A concerning confidentiality obligations, primarily by extending existing provisions applicable to credit and financial institutions to now include 'cryptoasset businesses'.
Crucially, an existing disclosure gateway for the FCA supervisory authority is created by incorporating sections 348 and 349 of FSMA (concerning disclosure restrictions and exceptions) directly into the MLRs, subject to specific modifications detailed in the new paragraph (3A).
These modifications tailor the FSMA provisions to ensure references to 'primary recipient' and 'the PRA' are correctly substituted with 'the FCA' in the context of MLR disclosures.
These changes ensure that cryptoasset businesses are subject to the same information sharing framework regarding confidentiality as other financial institutions.
Amendment of regulation 52B (obligation of confidentiality: offence)
- In regulation 52B( a ), at the end of paragraph (3)(a), omit 'and'.
Amendment of regulation 64C (information accompanying an inter-cryptoasset business transfer)
- In regulation 64C(4)( b ), for '1,000 euros' substitute '£800'.
Amendment of regulation 64G (requesting information: unhosted wallet transfers and cryptoasset businesses)
- In regulation 64G(1)(b)( c ), for '1,000 euros' substitute '£800'.
Regulation 31 makes a minor textual amendment to Regulation 52B, removing 'and' from the end of paragraph (3)(a), likely to facilitate subsequent amendments or drafting changes related to the offences concerning breach of confidentiality.
Regulations 32 and 33 update monetary thresholds within the cryptoasset transfer rules (Regulations 64C and 64G), replacing '1,000 euros' with '£800' for transfer information requirements.
Amendment of Schedule 1 (professional bodies)
- In Schedule 1, for 'International Association of Bookkeepers' substitute 'Institute of Accountants and Bookkeepers'.
Amendment of Schedule 3A (excluded trusts)
- -(1) Schedule 3A( d ) is amended as follows.
(2) After paragraph 1, insert-
'1A. A trust which ceases to be an excluded trust under paragraph 1 of this Schedule where-
- (a) the trust had been an excluded trust by virtue of section 34 of the Trustee Act 1925( e );
- (b) the sole reason for paragraph 1 ceasing to apply is the death of one of the trustees; and
- (c) less than two years has passed since that person's death.'.
(3) After paragraph 8, insert-
'8A. -(1) A trust created under a deed or instrument which-
- (a) varies any of the dispositions of property comprised in a person's ('P's') estate on death, and
- (b) was made by the persons or any of the persons who benefit or would benefit from the dispositions,
where less than two years has passed since P's death.
(2) In this paragraph, a person's 'estate' means the aggregate of all property to which that person is beneficially entitled.'.
(4) After paragraph 9, insert-
'9A. A trust which ceases to be an excluded trust under paragraph 9 of this Schedule where-
( a ) Regulation 52B was inserted by S.I. 2019/1511.
( b ) Regulation 64C was inserted by S.I. 2022/860.
- (a) the sole reason for paragraph 9 ceasing to apply is the death of one of the trustees, and
- (b) less than two years have passed since that person's death.
Revocation of survivorship destination trusts
9B. A trust created under a deed or instrument which-
- (a) revokes a survivorship destination in respect of common property in Scotland; and
- (b) provides that from the date of execution of the deed or instrument the common property is held in trust for the common owners equally between them and for their respective executors and assignees.'.
Regulation 34 updates the list of recognized professional bodies in Schedule 1 by substituting the 'International Association of Bookkeepers' with the 'Institute of Accountants and Bookkeepers'.
Regulation 35 significantly amends Schedule 3A, which lists excluded trusts that do not need to be registered.
New paragraphs (1A, 8A, 9A, and 9B) are inserted to introduce exemptions or grace periods related to trusts where registration requirements might otherwise be triggered by the death of a trustee or variation of an estate, provided these events occurred recently (within two years).
Specifically, paragraph 9B introduces an exclusion for trusts created under a deed that revokes a survivorship destination for common property in Scotland, placing that property into an equal trust for the common owners.
(5) After paragraph 23, insert-
'General exclusion
23A. -(1) A trust which-
- (a) does not hold any interest in land in the United Kingdom;
- (b) does not hold assets of appreciable worth with a value exceeding £2,000 in total;
- (c) has not held property with a cumulative total value exceeding £10,000 since the date on which it was created; and
- (d) does not have an income exceeding £5,000 per annum.
(2) This paragraph does not apply to a trust which is a UK trust which is an express trust where-
- (a) the settlor has, during his or her lifetime, created one or more other UK trusts which are express trusts, and
- (b) one of the trusts mentioned in paragraph (a) is or was an excluded trust under this paragraph.
(3) In this paragraph, 'assets of appreciable worth' includes works of art, antiques, collectibles, jewellery and other non-financial assets capable of increasing in value over time.'.
Amendment of Schedule 6 (meaning of 'relevant requirement')
- In paragraph 7 of Schedule 6-
- (a) after sub-paragraph (d), insert-
'(dza) regulation 30ZA (insolvent bank customers);';
- (b) after sub-paragraph (g), insert-
- '(ga) regulation 34A (enhanced customer due diligence: cryptoasset exchange providers, custodian wallet providers and correspondent relationships);'.
Regulation 35 concludes by inserting Regulation 23A, creating a new 'General exclusion' test for trusts based on asset value, land holding, cumulative value, and annual income, with specific financial figures set in Sterling (£2,000 total assets, £10,000 cumulative value, £5,000 annual income).
Sub-paragraph (2) creates an anti-abuse carve-out: this exclusion does not apply if the settlor created other express trusts, one of which is already excluded under this rule.
Regulation 36 updates Schedule 6, which defines 'relevant requirement' for enforcement purposes.
The newly inserted Regulations 30ZA (insolvent bank customers) and 34A (cryptoasset due diligence) are now specified as relevant requirements enforceable under Part 9 of the MLRs.
Substitution of Schedule 6B (changes in control of registered cryptoasset businesses)
- For Schedule 6B( a ) substitute-
'SCHEDULE 6B
Regulation 60B
Changes in Control of Registered Cryptoasset Businesses
Modifications: Control over registered cryptoasset businesses registered before 25th October 2027
Part 12 of FSMA (control over authorised persons) applies, with the modifications specified in paragraph 2, to a registered cryptoasset business that is included in the register before 25th October 2027 and to which Part 12 of FSMA would not otherwise apply.
The modifications specified in this paragraph are-
- (a) references to a 'UK authorised person' are to be read as references to a registered cryptoasset business;
- (b) references to 'appropriate regulator' and 'each regulator' are to be read as references to the FCA;
- (c) section 178 (obligation to notify the appropriate regulator: acquisitions of control)( a ) is to be read as if subsections (2ZA) and (2A) were omitted;
- (d) section 181 (acquiring control)( b ) is to be read as if it said-
'181. Acquiring control
- (1) For the purposes of this Part, a person ('A') acquires control over a registered cryptoasset business ('B') if, should the acquisition proceed-
- (a) A would become a beneficial owner within the meaning of regulation 5 or 6 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 of-
- (i) B; or
- (ii) a parent undertaking of B ('P'); or
- (b) if paragraph (a) does not apply A would-
- (i) hold 10% or more of the shares in B or P;
- (ii) hold 10% or more of the voting power in B or P; or
- (iii) otherwise hold shares or voting power in B or P as a result of which A is able to exercise significant influence over the management of B.';
- (e) section 182 (increasing control)( c ) is to be read as if it said-
'182. Increasing control
- (1) For the purposes of this Part, a person ('A') increases control over a registered cryptoasset business ('B') if, should the increase in control proceed-
- (a) A would become a beneficial owner within the meaning given by regulation 5 or 6 of the Money Laundering, Terrorist Financing and
Transfer of Funds (Information on the Payer) Regulations 2017 of-
- (i) B; or
- (ii) a parent undertaking of B ('P'); or
- (b) if paragraph (a) does not apply-
- (i) the percentage of shares which A holds in B or P would increase by any of the steps mentioned in subsection (2);
- (ii) the percentage of voting power A holds in B or P would increase by any of the steps mentioned in subsection (2); or
- (iii) A becomes a parent undertaking of B.
- (2) The steps are-
- (a) from less than 20% to 20% or more;
- (b) from less than 30% to 30% or more;
- (c) from less than 50% to 50% or more.';
Regulation 37 substitutes Schedule 6B of the MLRs, detailing how provisions in Part 12 of FSMA (dealing with control over authorised persons) apply to registered cryptoasset businesses that were registered before October 25th, 2027.
This section modifies FSMA provisions detailing the acquisition, increase, and reduction of control.
Control hinges on meeting the beneficial owner definitions in the MLRs (Regs 5 or 6 of the MLRs) or holding 10% or more of shares/voting power, or otherwise exercising significant influence.
Note that the definition of 'acquiring control' (Section 181) sets the threshold for mandatory notification regarding beneficial ownership or 10% share/voting power levels.
- (f) section 183 (reducing or ceasing to have control)( a ) is to be read as if it said-
'183. Reducing or ceasing to have control
- (1) For the purposes of this Part, a person ('A') reduces control over a registered cryptoasset business ('B') if, should the decrease in control proceed-
- (a) A would cease to be a beneficial owner within the meaning given by regulation 5 or 6 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 of-
- (i) B; or
- (ii) a parent undertaking of B ('P'); or
- (b) if paragraph (a) does not apply-
- (i) the percentage of shares which A holds in B or P would decrease by any of the steps mentioned in subsection (2);
- (ii) the percentage of voting power A holds in B or P would decrease by any of the steps mentioned in subsection (2); or
- (iii) A ceases to be a parent undertaking of B.
- (2) The steps are-
- (a) from 50% or more to less than 50%;
- (b) from 30% or more to less than 30%;
- (c) from 20% or more to less than 20%.
- (3) For the purposes of this Part, A ceases to have control over B if-
- (a) A ceases to be a beneficial owner within the meaning given by regulation 5 or 6 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 of B or P; or
- (b) if paragraph (a) does not apply, A ceases to be in the position of holding-
- (i) 10% or more of the shares in B;
- (ii) 10% or more of the voting power in B or P; or
- (iii) shares or voting power in B or P as a result of which A is able to exercise significant influence over the management of B.';
- (g) section 184 (disregarded holdings)( a ) is to be read as if subsections (4) to (10) were omitted;
- (h) section 185 (assessment: general)( b ) is to be read as if-
- (i) in subsection (2)(a), 'and the financial soundness of the acquisition' were omitted;
- (ii) in subsection (3)(a), in relation to a section 178 notice-giver who falls within section 181(a) or 182(1)(a), for 'matters' there were substituted 'matter';
- (i) section 186 (assessment criteria)( c ) is to be read in relation to a section 178 notice-giver who falls within section 181(a) or 182(1)(a) as if it said-
'186. Assessment criterion
The matter specified in section 185(3)(a) is whether the section 178 notice-giver is a fit and proper person within the meaning of regulation 58A of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (fit and proper test: cryptoasset businesses).';
- (j) section 187 (approval with conditions)( d ) is to be read as if subsection (2)(b) were omitted;
- (k) section 187A (assessment: consultation by PRA with FCA)( e ) is to be disregarded;
- (l) section 187B (assessment: consultation by FCA with PRA) is to be disregarded;
- (m) section 187C (variation etc of conditions) is to be disregarded;
- (n) section 189 (assessment: procedure)( f ) is to be read as if-
- (i) subsections (1A), (1ZB) and (1B) were omitted;
- (ii) in subsection (6), 'Unless section 190A applies' were omitted;
- (o) section 190 (requests for further information)( g ) is to be read as if subsections (1A) and (4)(b) were omitted;
- (p) section 190A (assessment and resolution)( h ) is to be disregarded;
This continues the substitution of Schedule 6B, detailing modifications to FSMA Part 12 for pre-October 2027 registered cryptoasset businesses.
Section 183 outlines when control is reduced or ceased, again linking these concepts back to MLR beneficial ownership definitions or specified share/voting percentage decreases (50%, 30%, 20%).
Section 185 (assessment general) is modified by omitting references to 'financial soundness of the acquisition' during assessment.
Section 186 (assessment criteria) is rewritten to mandate that the assessment criterion is whether the notifying person is a 'fit and proper person' as defined in MLR Regulation 58A.
Crucially, PRA-specific assessment rules (Sections 187A, 187B, 187C, and 190A) are disregarded, simplifying the process by solely involving the FCA where this modified Part 12 applies to these specific cryptoasset businesses.
(q) section 191A (objection by the appropriate regulator)( a ) is to be read as if-
(i) in subsection (2)(c), for 'matters in' there were substituted 'matter specified in';
(ii) subsection (4A) were omitted;
(r) section 191B (restriction notices)( b ) is to be read as if-
(i) in subsection (2)(a), after 'voting power' there were inserted 'or otherwise being a beneficial owner (within the meaning of regulations 5 or 6 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017) of the registered cryptoasset business ('B') or a parent undertaking of B';
(ii) in subsection (2)(b), 'in relation to the shares or voting power,' were omitted;
(iii) subsection (2A) were omitted;
(iv) after subsection (3) there were inserted-
'(3ZA) In a restriction notice, the FCA may direct that, in respect of a beneficial owner of B or P, until further notice, no influence over the management or activities of B is to be exercisable by the beneficial owner.';
(v) subsection (3A) were omitted;
(vi) in subsection (6)(b), after 'held in' there were inserted ', or beneficial ownership of,';
(s) section 191C (orders for sale of shares)( c ) is to be read as if-
(i) subsections (2A), (7) and (8) were omitted;
(ii) in subsection (2B) for 'Where the appropriate regulator is the FCA, it' there were substituted 'The FCA';
(t) section 191D (obligation to notify the appropriate regulator: dispositions of control)( d ) is to be read as if subsection (1A) were omitted;
(u) section 191F (offences under this Part)( e ) is to be read as if-
(i) in subsection (2), 'or section 190A applies' were omitted;
(ii) subsection (4A) were omitted;
(iii) for subsections (8) and (9) there were substituted-
'(8) A person guilty of an offence under subsection (1) to (3) or (5) to (7) is liable-
(a) on summary conviction-
(i) in England and Wales, to a fine;
(ii) in Scotland or Northern Ireland, to a fine not exceeding the statutory minimum;
(b) on conviction on indictment, to a fine.
(9) A person guilty of an offence under subsection (4) is liable-
(a) on summary conviction-
(i) in England and Wales, to a fine;
(ii) in Scotland and Northern Ireland, to a fine not exceeding the statutory minimum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.';
(iv) after subsection (9) there were inserted-
'(10) A person is not guilty of an offence under this section if that person took all reasonable steps and exercised all due diligence to avoid committing the offence.';
(v) section 191G (interpretation)( a ) is to be read-
(i) as if the definitions of 'the appropriate regulator', 'qualifying credit institution' and 'UK authorised person' were omitted;
(ii) at the appropriate places there were inserted-
''registered cryptoasset business' means a cryptoasset exchange provider or a custodian wallet provider which is included in the register maintained by the FCA under regulation 54(1A) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.'.
This section continues the complex modifications to FSMA rules governing control (Sections 191A to 191G) as they apply to registered cryptoasset businesses pre-October 2027.
The rules explicitly expand restriction notices (Section 191B) to address beneficial ownership, not just share/voting power, and allow the FCA to direct that a beneficial owner cannot exert influence over the business.
Restrictions concerning orders for sale, notification of dispositions, and related offences (Sections 191C, 191D, 191F) are adjusted, notably omitting references to Section 190A and the 'due diligence defence' in Section 191F is clarified to apply to offences under subsections (1) to (3) or (5) to (7).
Finally, Section 191G is modified to remove regulator definitions and insert the specific definition of 'registered cryptoasset business' based on the MLRs provided by the FCA.
Modifications: Control over registered cryptoasset businesses registered on and after 25 October 2027
Part 12 of FSMA (control over authorised persons) applies, with the modifications specified in paragraph 4, to a registered cryptoasset business that is included in the register on or after 25th October 2027 and to which Part 12 of FSMA would not otherwise apply.
The modifications specified in this paragraph are-
(a) references to a 'UK authorised person' are to be read as references to a registered cryptoasset business;
(b) references to 'appropriate regulator' and 'each regulator' are to be read as references to the FCA;
(c) section 178 (obligation to notify the appropriate regulator: acquisitions of control) is to be read as if subsections (2ZA) and (2A) were omitted;
(d) section 184 (disregarded holdings) is to be read as if subsections (4) to (10) were omitted;
(e) section 185 (assessment: general) is to be read as if in subsection (2)(a), 'and the financial soundness of the acquisition' were omitted;
(f) section 187 (approval with conditions) is to be read as if subsection (2)(b) were omitted;
(g) section 187A (assessment: consultation by PRA with FCA) is to be disregarded;
(h) section 187B (assessment: consultation by FCA with PRA) is to be disregarded;
(i) section 187C (variation etc of conditions) is to be disregarded;
(j) section 189 (assessment: procedure) is to be read as if-
(i) subsections (1A), (1ZB) and (1B) were omitted;
(ii) in subsection (6), 'Unless section 190A applies' were omitted;
(k) section 190 (requests for further information) is to be read as if subsections (1A) and (4)(b) were omitted;
(l) section 190A (assessment and resolution) is to be disregarded;
(m) section 191A (objection by the appropriate regulator) is to be read as if-
(i) in subsection (2)(c), for 'matters in' there were substituted 'matter specified in';
(ii) subsection (4A) were omitted.
(n) section 191B (restriction notices) is to be read as if subsection (2A) were omitted;
(o) section 191C (orders for sale of shares) is to be read as if-
(i) subsections (2A), (7) and (8) were omitted;
(ii) for 'Where the appropriate regulator is the FCA, it' there were substituted 'the FCA';
(p) section 191D (obligation to notify the appropriate regulator: dispositions of control) is to be read as if subsection (1A) were omitted;
(q) section 191F (offences under this Part) is to be read as if-
(i) in subsection (2), 'or section 190A applies' were omitted;
(ii) subsection (4A) were omitted;
(iii) for subsections (8) and (9) there were substituted-
'(8) A person guilty of an offence under subsection (1) to (3) or (5) to (7) is liable-
(a) on summary conviction-
(i) in England and Wales, to a fine;
(ii) in Scotland and Northern Ireland, to a fine not exceeding the statutory minimum;
(b) on conviction on indictment, to a fine.
(9) A person guilty of an offence under subsection (4) is liable-
(a) on summary conviction-
(i) in England and Wales, to a fine;
(ii) in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.';
(iv) after subsection (9) there were inserted-
'(10) A person is not guilty of an offence under this section if that person took all reasonable steps and exercised all due diligence to avoid committing the offence.'
(r) section 191G (interpretation) is to be read as if-
(i) the definitions of 'the appropriate regulator', 'qualifying credit institution' and 'UK authorised person' were omitted;
(ii) at the appropriate place there were inserted-
- ''registered cryptoasset business' means a cryptoasset exchange provider or a custodian wallet provider which is included in the register maintained by the FCA under regulation 54(1A) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.'.
Paragraph 3 specifies that the modified control provisions of FSMA Part 12 also apply to cryptoasset businesses registered on or after October 25, 2027.
Paragraph 4 details the modifications for these newer registrants.
This set of modifications is slightly simpler than those for older businesses (Regulation 37), as it predominantly disregards specific PRA consultations (187A, 187B, 187C) and related resolution powers (190A).
The core objective remains: substitution of regulatory references with FCA-centric terms and defining 'registered cryptoasset business' by reference to the MLRs registration requirement.
Interpretation
- In this Schedule-
'cryptoasset business' means a cryptoasset exchange provider or a custodian wallet provider;
'cryptoasset exchange provider' has the meaning given by regulation 14A(1)( a );
'custodian wallet provider' has the meaning given by regulation 14A(2);
'registered cryptoasset business' means a cryptoasset exchange provider which is included in the register maintained by the FCA under regulation 54(1A)( b ).'.
Paragraph 5 provides definitions specific to the substituted Schedule 6B, clarifying terms like 'cryptoasset business', 'cryptoasset exchange provider', and 'custodian wallet provider' by referencing earlier regulations (14A and 54(1A)).
PART 3
Amendment of primary legislation
Amendment of the Terrorism Act 2000
- -(1) Schedule 3A (regulated sector and supervisory authorities) to the Terrorism Act 2000( c ) is amended as follows.
(2) In paragraph 1-
- (a) in sub-paragraph (1)(c), after 'long-term insurance' insert 'other than a reinsurance contract';
- (b) in sub-paragraph (1)(q), for '10,000 euros' substitute '£10,000';
- (c) in sub-paragraph (1)(u), for '10,000 euros', in both places, substitute '£10,000';
- (d) in sub-paragraph (4), after paragraph (a), insert-
- '(ab) selling an off-the-shelf firm;';
- (e) after sub-paragraph (4), insert-
- '(4A) For the purposes of sub-paragraph (4)(ab), an 'off-the-shelf firm' means a firm that either-
- (a) does not carry on business; or
- (b) carries on business but such business is not the main activity carried on by the firm or sole practitioner selling the firm.';
- (f) in sub-paragraph (6B), for '10,000 euros' substitute '£10,000'.
(3) In paragraph 2-
- (a) in sub-paragraph (1)(c), for 'or 40 to 49' substitute ', 40 to 49 or 58';
- (b) in sub-paragraph (3)(b), for '1,000 euros' substitute '£1,000'.
Regulation 38 amends Schedule 3A of the Terrorism Act 2000, which defines the regulated sector for terrorism financing purposes.
These amendments echo changes made to the MLRs to ensure consistency.
Changes include excluding reinsurance contracts from long-term insurance, replacing Euro thresholds with equivalent Sterling amounts (£10,000), and incorporating the service of selling an 'off-the-shelf firm' into the regulated activities that trigger obligations for firms or sole practitioners.
A reference to Regulation 58 is also added for context when considering exclusions.
Amendment of the Proceeds of Crime Act 2002
- -(1) Schedule 9 (regulated sector and supervisory authorities) to the Proceeds of Crime Act 2002( a ) is amended as follows.
(2) In paragraph 1-
- (a) in sub-paragraph (1)(c), after 'long-term insurance' insert 'other than a reinsurance contract';
- (b) in sub-paragraph (1)(q), for '10,000 euros' substitute '£10,000';
- (c) in sub-paragraph (1)(u), for '10,000 euros', in both places, substitute '£10,000';
- (d) in sub-paragraph (4), after paragraph (a), insert-
- '(ab) selling an off-the-shelf firm';
- (e) after sub-paragraph (4), insert-
- '(4A) For the purposes of sub-paragraph (4)(ab), an 'off-the-shelf firm' means a firm that either-
- (a) does not carry on business; or
- (b) carries on business but such business is not the main activity carried on by the firm or sole practitioner.';
- (f) in sub-paragraph (6B), for '10,000 euros' substitute '£10,000'.
(3) In paragraph 2-
- (a) in sub-paragraph (1)(c), for 'or 40 to 49' substitute ', 40 to 49 or 58';
- (b) in sub-paragraph (3)(b), for '1,000 euros' substitute '£1,000'.
Regulation 39 mirrors the amendments made to the Terrorism Act 2000 by updating Schedule 9 of the Proceeds of Crime Act 2002 to maintain consistency in defining the regulated sector for money laundering and terrorist financing offences.
This includes updating insurance definitions, converting Euro monetary thresholds to Sterling, and bringing the selling of 'off-the-shelf firms' into scope.
9th June 2026
Stephen Morgan Christian Wakeford Two of the Lords Commissioners of His Majesty's Treasury
This final line confirms the instrument was made on June 9th, 2026, by Stephen Morgan and Christian Wakeford, acting as Lords Commissioners of HM Treasury.
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