Topic Hub · Regulation & Compliance

Digital Asset Regulation

Regulated access is a precondition for institutional participation in digital asset markets. This hub explains what money services business registration with FinCEN and FINTRAC covers, how Bermuda's Digital Asset Business Act licenses digital asset businesses, and how an institution verifies a counterparty's regulatory status as part of due diligence. It describes the frameworks; it does not give legal advice.

Institutions do not trade with counterparties they cannot classify. The regulatory frameworks that apply to a digital asset liquidity provider determine which obligations it operates under, which regulator supervises it, and what an institution can verify before onboarding. The frameworks differ by jurisdiction and by activity, and none of them removes the need for due diligence.

The articles in this hub explain the money services business regimes in the United States and Canada, Bermuda's licensing classes under the Digital Asset Business Act, and a practical due diligence approach for digital asset counterparties. Nothing here is legal advice; each article cites the regulator's own material.

Articles in This Topic

Key Terms

Counterparty Risk
Counterparty risk is the risk that the other party to a trade or a custody arrangement fails to meet its obligations, whether through insolvency, operational failure, or fraud. In digital asset markets it covers exposure to exchanges, OTC desks, custodians, and settlement providers, managed through due diligence, exposure limits, and settlement design.
Digital Asset Business Act (DABA)
The Digital Asset Business Act 2018 (DABA) is Bermuda's statute for licensing and supervising businesses that conduct digital asset activities, including issuance, exchange, custody, and market making, under the Bermuda Monetary Authority. It sets out license classes with different scope and conditions, including the Class M license.
Money Services Business (MSB)
A money services business (MSB) is a category of non-bank financial business, defined under U.S. Bank Secrecy Act regulations and under Canada's proceeds of crime legislation, that must register with FinCEN or FINTRAC respectively and maintain anti-money-laundering programs. Businesses that exchange or transmit convertible virtual currency fall within it.

Frequently Asked Questions

What does it mean that a crypto liquidity provider is registered as an MSB?
In the United States, a business that accepts and transmits convertible virtual currency is a money transmitter and must register with FinCEN as a money services business, maintain an anti-money-laundering program, keep records, and file reports. Canada's FINTRAC regime imposes comparable obligations. Registration establishes those obligations; it is not an endorsement of the business.

Sources

  1. Money Services Business (MSB) Registration — FinCEN
  2. FINTRAC, Financial Transactions and Reports Analysis Centre of Canada — FINTRAC
  3. Bermuda Monetary Authority — Bermuda Monetary Authority

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