Canada confused on Bitcoin, eh?

Some Canadian Bitcoin exchanges reportedly received letters from financial regulators saying they do not have to follow the rules required by US regulators.

AccessTimeIconMay 21, 2013 at 9:11 a.m. UTC
Updated Sep 9, 2021 at 12:36 p.m. UTC

Presented By Icon

Election 2024 coverage presented by

Stand with crypto

Some Canadian Bitcoin exchanges have reportedly received letters from financial regulators reassuring them they do not have to follow the detailed rules required by US regulators, and used recently to seize Mt. Gox funds.

According to online news service The Register letters were sent to several Canadian exchanges which said they are not considered money services businesses.

  • Bitcoin Mining in the U.S. Will Become 'a Lot More Decentralized': Core Scientific CEO
    13:18
    Bitcoin Mining in the U.S. Will Become 'a Lot More Decentralized': Core Scientific CEO
  • Binance to Discontinue Its Nigerian Naira Services After Government Scrutiny
    05:10
    Binance to Discontinue Its Nigerian Naira Services After Government Scrutiny
  • The first video of the year 2024
    04:07
    The first video of the year 2024
  • The last regression video of the year 3.67.0
    40:07
    The last regression video of the year 3.67.0
  • The Financial Transactions and Reports Analysis Centre of Canada (FTRACC): "confirmed the exchanges were not actually money service businesses and were therefore exempt from laws governing this type of firm."

    But this seems at odds with the actions of several Canadian banks who have acted unilateraly to close Bitcoin-related bank accounts.

    LibertyBit warned its customers last week that its Royal Bank of Canada account had been shut for breaching rules.

    RBC told LibertyBit it was closing its account for two reasons:

    RBC had designated Libertybit as a Money Service Business (MSB), and thus considers us a high-risk account;

    The virtual currency aspect of the Business' product offering are outside of RBC's risk profile for establishing an account.

    LibertyBit appealed the decision on the basis that the bank's definition of its business as a "Money Services Business" contradicted that of Canada's regulator. It reassured its customers that the account closure would have no impact on its business.

    LibertyBit questioned whether RBC Canada was imposing US rules on a Canadian business but accepted the bank's right to reject any customer based on risk assessments. The exchange's full blog post is here.

    The situation is similar in the UK. Although there is anecdotal evidence that Bitcoin businesses have had requests for bank accounts turned down by British banks, financial regulators insist it is nothing to do with them.

    CoinDesk was told by the Prudential Regulation Authority (son of the Financial Services Authority) that unless the businesses were offering bitcoin-based investments they would not be covered by regulations.

    So any bank rejecting accounts from Bitcoin-based businesses were acting on their own, not on advice from regulators.

    Disclosure

    Please note that our privacy policy, terms of use, cookies, and do not sell my personal information have been updated.

    CoinDesk is an award-winning media outlet that covers the cryptocurrency industry. Its journalists abide by a strict set of editorial policies. CoinDesk has adopted a set of principles aimed at ensuring the integrity, editorial independence and freedom from bias of its publications. CoinDesk is part of the Bullish group, which owns and invests in digital asset businesses and digital assets. CoinDesk employees, including journalists, may receive Bullish group equity-based compensation. Bullish was incubated by technology investor Block.one.


    Learn more about Consensus 2024, CoinDesk's longest-running and most influential event that brings together all sides of crypto, blockchain and Web3. Head to consensus.coindesk.com to register and buy your pass now.