Cape Argus

FSCA’s second warning about crypto-currencies

- EDWARD WEST edward.west@inl.co.za

THE FINANCIAL Sector Conduct Authority (FSCA) yesterday issued a second warning to consumers to be “extremely cautious and vigilant” in trading in crypto-currencies, even as the price of Bitcoin and other digital currencies continues to rise to stratosphe­ric levels.

The FSCA said it had seen “with concern the increasing volume of crypto-assets-related losses suffered by financial consumers in the past three months”.

The institutio­n published its first warning about the risky nature of crypto assets three weeks ago, following a large number of complaints to the FSCA and regular media reports of consumers losing some if not all of their savings in high-risk crypto investment­s.

Crypto assets, which are stored on a blockchain and not issued by a central bank, are traded, transferre­d and stored electronic­ally. They have been used for payments, investment­s and capital-raising.

The price of a Bitcoin has risen more than ten-fold, from $5 300 (currently about R78 614) at the height of the Covid-19 crisis to more than $60 000 last weekend, driven largely by institutio­nal demand globally. Yesterday, it was trading at $57 766.70 per Bitcoin.

The regulatory outlook for investors, however, is uncertain and tightening. Reuters reported that India, for instance, plans to prohibit the possession, issuance, mining, trading and transferri­ng of crypto-assets, while in South Africa, the South African Revenue Service (Sars) has said it was improving its technology to be able to better tax crypto-currency trading.

The biggest crypto-currency scam globally and in South Africa last year was Stellenbos­ch-based Mirror Trading Internatio­nal (MTI), which is facing legal action and whose chief executive has disappeare­d. According to reports, MTI allegedly solicited $588 million of Bitcoin across 47 000 transactio­ns from thousands of local and internatio­nal investors.

In November, the FSCA, as part of an Intergover­nmental Fintech Working Group, published a position paper declaring crypto assets a financial product under the Financial Advisory and Intermedia­ry Services Act, and included recommenda­tions about further regulation.

“Crypto-related investment­s are not regulated … in South Africa. As a result, if something goes wrong, you are not likely to get your money back and will have no recourse against anyone,” the FSCA said.

The high risks already inherent in crypto assets were being compounded by scam activity, as well as unregulate­d firms targeting consumers with marketing material that highlighte­d the rewards, but not the potential downsides, of investing in crypto assets.

The FSCA said it was working on measures to regulate certain aspects and players in the crypto asset space, and these would be rolled out during the coming months.

“Retirement fund trustees must also remain vigilant in their fiduciary duties before mandating investment managers to expose their fund assets to risks associated with crypto assets,” the FSCA said, adding that it “discourage­s such investment­s by retirement funds until regulation has been finalised to safeguard investors.”

Tax Consulting South Africa cross-border taxation legal manager Thomas Lobban said earlier this month that although many South Africans had made investment­s into cryptocurr­ency, and regulators worldwide had been sluggish to respond, crypto currencies were now firmly on the tax radar for revenue authoritie­s world-wide, and at Sars.

“Contrary to what many traders and investors believe, cryptocurr­ency can be tracked and traced with the correct expertise and resources,” he said.

In audit letters that were recently sent to taxpayers enquiring about their cryptocurr­ency-related holdings and activities, Sars Commission­er Edward Kieswetter had stated following the 2021 Budget speech that “(u)ndisclosed offshore assets, including crypto-assets such as Bitcoin, will be a big area of focus”.

 ??  ?? THE PRICE of a Bitcoin has risen more than ten-fold, from $5 300 (currently about R78 614) at the height of the Covid-19 crisis to more than $60 000 last weekend, driven largely by institutio­nal demand globally.
THE PRICE of a Bitcoin has risen more than ten-fold, from $5 300 (currently about R78 614) at the height of the Covid-19 crisis to more than $60 000 last weekend, driven largely by institutio­nal demand globally.

Newspapers in English

Newspapers from South Africa