Events listed in [FSMA] Financial Services and Markets Authority
FSMA orders Binance to cease immediately all offers of virtual currency services in ...
ID 23859
The FSMA has ordered Binance, a virtual currency service provider, to immediately stop offering its services in Belgium. The FSMA found that Binance was providing exchange services between virtual currencies and legal currencies, as well as custody wallet services, from countries outside the European Economic Area. Such activities are prohibited for entities governed by non-EEA countries. Failure to comply with this prohibition results in ...
Newsletter: The FSMA’s operating expenses: your contribution is important to ensure ...
ID 23426
In its May 2023 Newsletter, the FSMA emphasized that contributions to the operating costs of the FSMA are important for maintaining an honest and reliable financial sector. Indeed, the FSMA is responsible for ensuring that only individuals with sufficient professional knowledge and ethical conduct have access to the financial industry. They intervene when intermediaries or lenders fail to comply with the applicable rules. The ...
The FSMA clarifies how clients‘ sustainability priorities should be taken ...
ID 23395
The FSMA recently published a document providing information on the implementation of the ESMA Guidelines (ESMA35-43-3172) regarding certain aspects of the suitability requirements of the MiFID II Directive. Under Article 16 of the ESMA Regulation, ESMA can issue guidelines to competent authorities or financial market participants to establish consistent, efficient, and effective supervisory practices within the European financial surveillance system. The competent authoritie ...
New rules on advertisements for virtual currencies enter into force
ID 23287
The FSMA informs that it has implemented the Royal Decree of 5 January 2023 concerning the advertising of virtual currencies to consumers. This FSMA Regulation, which was annexed to the Royal Decree of 5 January 2023 and published in the Belgian Official Gazette on 17 March 2023, entered into force on 17 May 2023. The FSMA Regulation introduces several obligations for advertisers of virtual ...
Guidelines on the use of remote customer onboarding solutions
ID 23174
The FSMA published a document specifying the EBA Guidelines EBA/GL/2022/15 for businesses operating under the regulatory control of the FSMA regarding anti-money laundering measures when entering into remote business relationships with new clients. The present EBA guidelines complement EU Directive 2015/849, which specifies measures for preventing the use of the financial system for the purposes of money laundering or terrorist financing. These EBA guidelines ...
Regulatory framework applicable to VASPs
ID 23147
The FSMA published a press release, reminding entities under its supervision that the provision of exchange and custody wallet services between virtual currencies and legal currencies in Belgium remains unregulated except for AML/CFT purposes. Indeed, the Fifth Anti-Money Laundering Directive introduced AML/CFT requirements and a registration requirement for VASPs in Belgian law. The FSMA is responsible for supervising VASPs‘ activities and is the authority ...
FSMA practical guide to information notes
ID 23062
The FSMA published a practical guide providing guidance on the legal requirements for publishing information notes, together with FSMA’s expectations, recommendations, and interpretations in this regard. The guide provides a comprehensive overview of the legal requirements and best practices for publishing information notes to help issuers and offerors of investment instruments comply with regulations and provide investors with information to make informed decisions. Th ...
Periodic questionnaire on the prevention of money laundering and terrorist financing
ID 22953
The FSMA published Circular FSMA_2023_09, informing entities subject to the fight against money laundering and terrorist financing (AML/CFT) about the content and methods of transmitting information to assess the compliance and effectiveness of their AML/CFT measures. This circular provides detailed information on the FSMA’s approach to AML/CFT control, the questionnaire that entities subject to this control must complete, and the methods of transmitting this ...
Newsletter: Contributions to the FSMA’s operating expenses
ID 22932
The FSMA has issued a newsletter to intermediaries regarding their contributions to the functioning expenses of the FSMA. This newsletter is important for intermediaries who were previously registered under a central organization. Entities in scope received this newsletter because they had at least one registration as an intermediary managed by a central organization until 8 June 2022. The responsibility for managing registration requests and ...
Regulation on the distribution of virtual currencies to consumers in Belgium
ID 22874
The FSMA has recently hosted a webinar that focused on the Regulation of 5 January 2023, which entails imposing restrictive conditions on the distribution of virtual currencies to consumers. The FSMA emphasized the significance of providing relevant information to stakeholders operating in this sector. As a reminder, the **Royal Decree of 5 January 2023 approved the FSMA Regulation of 5 January 2023 in its ...