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EU watchdog to set punitive capital rules for insurers holding crypto

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European insurers will likely be penalised for holding cryptocurrencies underneath proposals introduced by EU regulators on Thursday, imposing their most stringent capital necessities ever on bitcoin and different digital belongings.

The transfer is designed to discourage EU insurers from holding digital belongings, at a time when the US has begun to loosen its restrictions on such holdings by conventional monetary establishments. 

The European Insurance coverage and Occupational Pensions Authority stated it was recommending the European Fee introduce a 100 per cent capital requirement for all crypto belongings held by insurers. 

The watchdog’s punitive capital proposals would additionally apply to stablecoins pegged to fiat currencies and different tokens backed by conventional belongings reminiscent of debt or equities. 

This can be a harder method than at the moment taken by many EU insurers, which Eiopa stated at the moment allocate capital equal to between 60 and 80 per cent of the worth of crypto belongings.

It’s the first time Eiopa has launched such heavy capital necessities for any belongings held by insurers. It is usually one of many first regulators to supply particular proposals for the way insurers ought to deal with crypto belongings.

Nonetheless, the proposals are unlikely to have a lot influence quickly given the comparatively small quantity of crypto held by European insurers.

EU insurers held €655mn of crypto belongings on the finish of 2023, based on Eiopa, which is lower than 0.01 per cent of their €9.6tn of total belongings. About two-thirds of their crypto holdings have been in Luxembourg, indicating they’re principally held not directly by way of funds.

Justifying its powerful method, the regulator stated crypto belongings have been related to quite a few dangers, together with “excessive value actions, market manipulation, lack of value transparency, and low liquidity”. It famous that the biggest noticed annual lack of bitcoin prior to now 14 years was a drop of 82 per cent in 2010-11 and Ethereum fell 91 per cent in 2017. 

The EU’s capital necessities regulation at the moment permits insurers to use a “look-through” method to stablecoins and different tokenised belongings — which means insurers deal with them as in the event that they have been the underlying forex or safety.

Eiopa stated it determined in opposition to this as a result of “there’s inadequate proof to make sure that this method is prudent,” including that “the differentiated remedy would introduce pointless complexity within the regulation”.

World regulators have opted for a extra nuanced method for financial institution capital necessities on crypto. 

The Basel Committee on Banking Supervision proposed splitting crypto belongings into two teams. The primary contains stablecoins and different tokenised belongings that can have the capital necessities of their underlying forex or safety; the second group of riskier belongings require banks to again them with 100 per cent of capital.

Since US President Donald Trump’s election final November, he has promised to make America “the bitcoin superpower of the world” and finish a regulatory crackdown on the sector. 

In January, the US Securities and Trade Fee removed steerage that corporations safeguarding crypto belongings ought to embrace them as liabilities on their stability sheets — a transfer extensively seen as making it simpler to deal with digital belongings. 

The SEC has additionally dropped lawsuits in opposition to crypto exchanges, together with one in opposition to Coinbase for violating US securities legislation that it abandoned in February.



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