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The UK’s new regulatory regime can help crypto grow up

Rules coming in to force this year will tie crypto closer to the realm of traditional financial services. Karen Butler, partner, financial services regulation at law firm McDermott Will & Schulte in London, discusses the regulation and its implications for investors.

by Funds Europe
8 April 2026
The UK’s new regulatory regime can help crypto grow up
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The crypto sector has operated in parallel to traditional finance for some time. Up until the past few years, crypto has been largely unregulated – including in the UK – outside of those situations where it inadvertently fell within the scope of existing financial services rules.

For some institutional investors, the unregulated nature of this sector may have represented a persistent barrier to meaningful participation.

That could now be changing. With the UK Government finalising its legislative framework and the Financial Conduct Authority (FCA) beginning to build out its supervisory regime, cryptoassets are moving into the UK financial mainstream.

The UK’s move to regulate the sector is timely, as Britain looks to keep up with other major economies making efforts in this space. The European Union’s Markets in Crypto-Assets regulation came into effect in 2024, while in the United States, the approval of various landmark exchange traded funds in 2024 led to a marked increase in institutional adoption of Bitcoin and Ethereum. The US is not resting on its laurels, either – the Securities and Exchange Commission has issued new guidelines on cryptocurrencies just this March.

In this sector regulation is a catalyst for growth

The UK’s latest legislative package marks a shift in how cryptoassets are treated for regulatory purposes, bringing a range of activities within the existing financial services framework. This new regulation is expected to reshape who participates, how capital is deployed and where long-term opportunities emerge.

Published in December 2025, the Government’s secondary legislation extends the regulatory perimeter under the Financial Services and Markets Act 2000 (FSMA) to cover core cryptoasset activities. In parallel, the FCA has outlined its approach through consultation papers, signalling a move toward a fully authorised and supervised market.

For firms, this represents a step change. Activities such as custody, trading and issuance will require FCA authorisation, alongside stronger expectations around governance, controls and oversight. Crucially, market abuse rules, including insider dealing provisions, will also apply. Whereas crypto markets have historically been defined by agility and disruption, it may now increasingly depend on operational maturity rather than speed to market. Firms will be required to demonstrate robust compliance frameworks, while investors will gain greater clarity on how risks are managed.

With the authorisation gateway expected to open in September 2026 and the regime coming into force in October 2027, firms face a defined window to assess their positioning, evaluate how their activities align with the new perimeter and invest in the infrastructure required to participate.

Raising the bar for participation

As cryptoasset activity moves within a formal regulatory perimeter, the UK is embedding digital assets into the same framework that governs traditional financial markets – and in turn raising the threshold for market entry.

Authorisation requirements, governance standards and supervisory expectations will favour firms that can operate with the discipline expected in financial services, while extending market abuse rules reinforces expectations around transparency and conduct.

The regime also has an international dimension, and may impose certain obligations on firms that acquire control or increase control of regulated cryptoasset firms. Growth will increasingly be driven by firms that can prioritise regulatory credibility alongside the innovation that is always expected in this space.

Where the investment opportunity emerges

The legal clarity that this reform provides will be a net positive for the sector. Regulated trading venues, authorised custodians and compliant issuance structures are likely to become focal points for investment, particularly as firms differentiate themselves through transparency and operational resilience.

At the same time, the distinction between digital and traditional finance is likely to narrow. Blockchain-based infrastructure, tokenisation and stablecoins are increasingly being considered within the context of existing financial systems, opening up new avenues for operational efficiency and liquidity.

For asset managers and private funds, this shift is likely to influence how exposure is taken. Investment may increasingly be channelled through regulated intermediaries and infrastructure providers, rather than through unregulated or offshore routes.

While this regulation does not necessarily represent the UK throwing its arms wide open to crypto, it is helping the sector mature, creating a more competitive and credible market. In this context, it is an opportunity for firms that are able to deploy capital at scale in a compliant way – and an opportunity for the British economy to participate in this growing sector.

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