This week, the Swiss Financial Market Supervisory Authority (FINMA) published its annual report for 2019. Interestingly, the report highlights developments surrounding security token offerings (STO) and distributed ledger technology (DLT). The news falls in line with efforts by Swiss regulators to further develop the country’s blockchain sector.
Challenging Questions
Discussing the results of the report, FINMA officials pointed out that there continues to be “challenging questions” the group encounters. Specifically, regulators face questions regarding the trade, custody, and settlement of different token types. Additionally, FINMA continues to receive questions about possible licensing requirements pertaining to the central securities depository pursuant to Art. 61 of the Financial Market Infrastructure Act (FMIA).
Importantly, FINMA regulators believe that tokenized securities need to be met with an updated regulatory framework. Specifically, regulators would like to create a new licensing category for institutions looking to trade, settle and custody securities under a single entity. These concerns are echoed by US regulators who also face tough questions regarding streamlining the securities settlement process for tokenized assets.
Stablecoins Are in the Spotlight
Also, the FINMA report gives special attention to the emerging market of stablecoins. Stablecoins are tokenized assets that are pinned to real-world assets such as gold, or in most instances, fiat currencies. Stablecoins have been in the spotlight lately as a myriad of major non-governmental concepts have come to light. Specifically, Switzerland is home to Libra, Facebook’s stablecoin project. As such, regulators seek to control, but not stifle these efforts.
ICO Data
FINMA also included data on initial coin offerings (ICO) for the year. Importantly, there were 1185 individual ICOs that took place last year within the group’s jurisdiction. Of these ICOs, the group started investigations into approximately 60. Out of the 60 investigations, 30 resulted in enforcement actions. Surprisingly, these numbers are a decrease over 2018. In 2018, 42 investigations concluded in enforcement actions.
FINMA Releases 2019 Report
Specifically, FINMA identified a breach of the Anti-Money Laundering Act (AMLA) in around 10 ICOs. Another 8 cases narrowly missed prosecution but did make it to FINMA’s warning list. Ultimately, FINMA brought enforcement proceedings against three firms in 2019.
Increased Enforcement
Interestingly, this year’s report highlights a focus on the secondary-markets regarding digital assets. The group continues to explore structuring for the trading and custody of these tokens. As such, regulations continue to develop surrounding the operation of trading venues and other security token associated support activities.
FINMA
FINMA continues to play a pivotal role in security token adoption in the EU. Currently, the group oversees over 29,200 financial services firms and products. These products include a diverse range of blockchain-based applications. Additionally, FINMA has been actively collaborating with the Swiss Federal Council to develop a framework for blockchain tech through amendments to the current federal laws.
FINMA – A Step Ahead
FINMA’s forward-looking stance and flexibility in regards to the STO sector has allowed Switzerland to remain a financial hub for blockchain activity within the EU. Given the overall tone of Swiss regulators, it’s apparent that this group seeks to increase blockchain integration to new levels. As such, you can expect to see Switzerland retain its title as a global financial powerhouse for years to come.
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