Finance
France: Une nouvelle réglementation pour les prestataires des services sur actifs numériques
Le gouvernement français a fait de nouveaux progrès dans la mise en place d’une nouvelle réglementation pour les actifs cryptographiques. L’Autorité des marchés financiers (AMF), l’autorité financière du pays, a publié de nouvelles règles pour l’octroi de licences aux prestataire de services sur actifs numériques (PSAN).
Publiées le 20 décembre, ces lignes directrices font partie de la Loi PACTE. C’est, en fait, un cadre législatif adapté au marché de la cryptographie qui a été adopté plus tôt cette année, en mai, plus précisément. Ils contiennent également des détails supplémentaires sur la demande de licence non obligatoire et informent sur les pratiques internes de la cybersécurité.
Selon le site Internet de l’AMF, un acteur peut être considéré comme un PSAN s’il fournit au moins l’un des services énoncés ci-dessous pour les actifs numériques.
Cela comprend les Services pour le compte de tiers, incluant:
- La conservation des actifs numériques (détention et gestion de clés cryptographiques pour le compte d’un client),
- le service d’achat ou de vente d’actifs numériques ayant cours légal,
- le service d’échange d’actifs numériques contre d’autres actifs numériques,
- la gestion de portefeuilles d’actifs numériques,
- Des conseils aux investisseurs dans les actifs numériques, entre autres.
L’inscription est obligatoire dans le cas où une société effectue deux activités. Par exemple, si le cabinet fournit des services de conservation d’actifs numériques et, ou achète ou vend des actifs numériques à cours légal en France. Lors de son inscription, l’AMF vérifie que l’entreprise respecte la réglementation anti-blanchiment et anti-terroriste également.
Pour les DASP déjà en place avant le 18 décembre, l’AMF leur a accordé 12 mois pour s’inscrire, après quoi ils doivent cesser leurs activités s’ils n’ont pas reçu l’autorisation d’exercer par l’AMF.
Le processus de candidature
Pour mener à bien le processus de demande, l’Autorité des marchés financiers exige, entre autres documents, un business plan de deux ans, une liste des actifs numériques sous licence de l’entreprise et la localisation géographique de l’entreprise.
Le PSAN autorisé doit avoir une assurance responsabilité professionnelle ou un montant minimum en qualité de fonds de réserve. En outre, le PSAN doit disposer d’au moins un cadre supérieur d’infrastructure, de systèmes informatiques robustes, d’une procédure de traitement des réclamations et d’un système de contrôle interne.
La France en tête de la course aux réglementations cryptographiques
Comme l’a rapporté CoinDesk, le gouvernement français a défini le service de garde de crypto-actifs comme «la maîtrise des clés cryptographiques pour les actifs numériques d’un tiers». Ils sont également responsables de la cybersécurité des services qu’ils fournissent et font l’objet d’audits techniques réguliers et obligatoires régulièrement.
Ce n’est pas la première fois que l’AMF fait l’actualité ce mois-ci. Le 18 décembre, la plateforme de collecte de fonds en crypto-monnaie; French-ICO a été le premier à obtenir l’autorisation de l’AMF .
Comme indiqué précédemment, l’autorité financière oblige les entreprises à demander un visa pour exploiter, dans le cadre de la loi PACTE, l’un des cadres juridiques les plus complets pour les crypto-monnaies. L’approbation leur permet de commercialiser sa vente (symbolique) et de s’engager dans des activités promotionnelles. Cependant, l’enregistrement est facultatif, car les entreprises peuvent héberger des ICO non enregistrées mais ne sont pas autorisées à promouvoir sa vente auprès d’investisseurs potentiels.
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