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FCA releases finalized cryptoasset rules that include several technical traps to watch out for

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FCA releases finalized cryptoasset rules that include several technical traps to watch out for

The U.K.’s Financial Conduct Authority (FCA) is proposing crypto rules that could quietly expand the definition of custody, potentially sweeping in platforms and software providers that don’t consider themselves custodians.

The FCA published its Cryptoasset Perimeter Guidance on Wednesday, which includes a few technical traps for firms handling clients’ crypto assets.

The rules draw a red line at the 24-hour mark for custody. Any firm or crypto platform or app holding client assets for longer than a day during trade settlement will likely fall under the regulated custodian classification, which triggers a requirement for a full safeguarding-license.

Validators and node operators also need to proceed with caution. The regulator warned those involved in those activities will lose their pure tech exemption the moment they provide “added value” features. That includes things like user dashboards, yields or reward-compounding tools. In those cases, they must seek full approval for arranging staking.

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“Our new perimeter gives us the tools to strengthen protections for consumers and support fair, transparent and orderly markets as the sector matures,” the FCA stated in the paper.

Also noteworthy is that for the first time, the FC has addressed the “shadow custody” issue. The financial watchdog made it clear that if a crypto service provider allows it to theoretically override a client’s authority, it is officially a custodian even if it guarantees it will never exert that power.

“The fact that an arrangement involves smart contracts, public blockchains or some elements of decentralisation does not determine the perimeter position or place the arrangement outside of regulation,” the document noted.

For stablecoin issuers, the mandate is equally blunt as it considers issuance legal only if the issuer is established in the United Kingdom and manages the entire lifecycle. That includes everything from the initial offering to redemption and reserve maintenance.

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The FCA requested views on these proposals until the consultation closes on June 3, 2026, it said in a separate statement Wednesday. The regulator intends to publish finalized rules in policy statements this summer, followed by the final perimeter guidance in September.

The roadmap forces all entities providing crypto services to transition from the current money-laundering registrations systems to a more strict approval regime under the U.K.’s Financial Services and Markets Act (FSMA).

Firms intending to continue in business under the new regulations face a five-month application window from Sept. 30 of this year to Feb. 28, 2027. Missing this deadline exposes them to potential fines and suspensions as well as permanent closures.

Only those who apply during the application period will benefit from the so-called “savings provisions” that allow them to keep operating while the regulator deliberates.

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U.S. CFTC’s Selig says AI has helped make up for staffing cuts at key crypto watchdog

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Coinbase's Armstrong, Ripple's Garlinghouse among familiar crypto execs in U.S. CFTC advisory group

The U.S. Commodity Futures Trading Commission is leaning into artificial intelligence and automation as it faces massive new oversight responsibilities, according to congressional testimony from Chairman Mike Selig, even as his agency’s workforce has declined significantly under the administration of President Donald Trump.

About a quarter of the CFTC’s staff has left since 2025, under Trump’s demands that the federal workforce be cut significantly, according to agency records. But the CFTC is also being called upon to regulate new and rapidly growing arenas for cryptocurrency and the prediction markets.

“Tools such as AI are going to be very helpful in surveilling and bringing the investigations, and we’re incorporating that into various workflows,” Selig told lawmakers of the House Agriculture Committee at a Thursday hearing, citing widespread use of Microsoft’s Copilot AI tool as one productivity aid. When asked about the staff declines at his agency, Selig said, “we are running more efficiently and effectively.”

“We’re putting a lot on your plate with digital assets, and we’re obviously going down this path with prediction markets,” noted committee Chairman Glenn “GT” Thompson. He sought an assurance from the CFTC chief that if he finds himself “in a situation where you know the need for additional qualified staff emerges” that he’ll ask the panel for help.

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“Absolutely,” Selig responded.

He asserted that proper enforcement of the markets is a “top priority” of his, though the CFTC budget request for next year asked for only three more enforcement staff to make 108 people — still about 23% shy of the 140 the division had in 2025.

The Digital Asset Market Clarity Act that the Senate continues to work on would elevate the CFTC into a central role over non-securities crypto trading, which would include transactions in leading assets such as bitcoin and Ethereum’s ether (ETH). The agency is also claiming a dominant legal jurisdiction over the prediction markets such as at leading firms Polymarket and Kalshi, which are rocketing from levels measured in the millions of dollars a year ago to multiple billions now.

Selig’s Democratic predecessor, former Chairman Rostin Behnam, had routinely argued that the agency would need more people to oversee crypto and didn’t have the resources to police the world as prediction markets spread in depth and in a virtually unlimited breadth of contract topics. During Selig’s brief tenure, the prediction markets have erupted in accusations of insider trading, a few of which have been addressed by the firms themselves. But the markets have drawn heavy scrutiny on certain trades around U.S. military actions and government statements that suggest small numbers of anonymous traders made significant money on correct bets, suggesting the potential for insider trading from people with government insight.

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The chairman acknowledged “numerous investigations ongoing” in prediction markets, though he wouldn’t quantify a number or discuss their focus. He said the regulated platforms are the first line of defense against insider trading, fraud and market manipulation in the hundreds of new markets (binary event questions) that emerge every day on the platforms, while the CFTC itself is a second line of defense.

“We regularly reject contracts,” Selig noted. “We’re actively reviewing what’s out there,” he said, adding that his agency has a “zero tolerance” policy for illicit market activity.

“Anyone who engages in that behavior will face the full force of the law,” he said.

But Representative Angie Craig, the committee’s top Democrat, argued that “the agency’s workforce is stretched too thin,” especially considering the agency’s role as the “primary regulator of two of the fastest growing and most volatile markets.”

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“We must give the CFTC the staff, the funding and the clear statutory authority it needs to do its job,” Craig said.

The personnel declines at the regulator includes the commission itself, which is supposed to have five members under the law — including two commissioners from the minority party — but which has been left by the White House as a solitary posting of Selig. The chairman was questioned repeatedly about that during the Thursday oversight hearing, including whether he’d proceed with major rules as a one-person commission.

“We cannot for the sake of the American people slow down our rulemaking,” he said, suggesting he’ll move alone on new regulations. The CFTC is pursuing a preliminary rule process to set up guardrails for U.S. prediction markets, and Selig has also pushed policy initiatives in crypto.

Read More: CFTC sues Illinois, Arizona, Connecticut over states’ sports prediction market efforts

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Bitcoin Bull Run ‘Still Early’ as BTC Remains Below Key Level

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Cryptocurrencies, Bitcoin Price, Bitcoin Analysis, Markets, Cryptocurrency Exchange, Price Analysis, Market Analysis

Bitcoin trades below the profitability threshold for active holders, with early signs of BTC demand offering limited price support for now.

Bitcoin (BTC) hit range highs above $76,000 on Wednesday, but Glassnode analysts say data suggest that calling for the start of a new bull market is premature. 

New capital inflows have stayed weak, with Bitcoin’s growth rate remaining negative across all 105 trading days in 2026, highlighting a gap between stable price action and limited new demand.

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Bitcoin profitability signal remains unresolved

Glassnode analyst CryptoViz.art uses the true market mean (TMM) to estimate the average cost basis of active BTC investors. The metric divides investor capitalization by liveliness-adjusted circulating supply, filtering out inactive coins and the lost supply.

Bitcoin crossed below this level on Jan. 31 and has stayed there for 75 days. The move placed the average active holder in a loss position, with a peak drawdown of 20% and a current gap of about 5% below the entry level.

Cryptocurrencies, Bitcoin Price, Bitcoin Analysis, Markets, Cryptocurrency Exchange, Price Analysis, Market Analysis
Bitcoin’s true market mean. Source: Glassnode/X

Historical comparisons show 10 similar breaks since 2016, with durations ranging from two days to over 11 months. The deepest drawdowns reached 57% during the 2018–2019 and 2022–2023 cycles, while the March 2020 event saw a 40% decline over 49 days. The analyst added, 

“That said, 75 days is still early. The 2018 and 2022 episodes didn’t bottom until months 5-9. The signal isn’t “all clear” — it’s watch closely.”

Reclaiming the TMM, currently at $78,013, is key for active investors to return to profit, and it has aligned with momentum resets in earlier cycles.

Related: Adam Back says Bitcoin’s post-quantum shift may reveal true Satoshi stash

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BTC capital outflows shape the price ceiling

Bitcoin researcher Axel Adler Jr. points to a steady outflow of capital from the BTC market. The 365-day growth rate of market cap relative to realized cap has remained negative for all 105 trading days in 2026, with the latest reading at -0.000652.

Cryptocurrencies, Bitcoin Price, Bitcoin Analysis, Markets, Cryptocurrency Exchange, Price Analysis, Market Analysis
Bitcoin growth rate. Source: Axel Adler Jr.

In simple terms, the market is not attracting enough new money to support higher prices.

The 30-day realized cap change shows the same trend. Only seven days saw positive inflows this year, all during a brief period in mid-January. Since Jan. 23, the metric has stayed negative, though it has improved slightly to -0.32% from early April lows near -0.54%.

Realized cap has also dropped to $1.08 trillion from $1.12 trillion since the start of the year, a 3.23% decline.

Adler Jr. said the recent improvement signals a slowdown in BTC outflows, not a bullish reversal. A meaningful shift would require both metrics to turn positive and hold above zero for a sustained period.

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Cryptocurrencies, Bitcoin Price, Bitcoin Analysis, Markets, Cryptocurrency Exchange, Price Analysis, Market Analysis
Bitcoin realized cap change. Source: Axel Adler Jr.

Related: Morgan Stanley’s Bitcoin fund overtakes WisdomTree after 6 trading days