In mid-2020, the Cayman Islands government introduced a new framework for regulating virtual asset businesses, known as “virtual asset service providers” (VASPs). The Virtual Asset (Service Providers) Law, 2020 sets out this regulatory regime but is not yet in force.
The framework implements Financial Action Task Force recommendations for registering and licensing VASPs; clearly defines what virtual assets are and which constitute securities; enables funds to use virtual assets as representations of equity interests; recognises virtual asset trading exchanges; and introduces a regulatory sandbox licence.
This means that all VASPs will be subject to licensing or registration, and regulatory requirements beyond compliance with Cayman’s AML rules (covered in a previous post). The framework makes Cayman an attractive destination for VASPs, as it demonstrates Cayman’s commitment to international standards, provides legal and regulatory certainty and supports innovation.
Please see our client alert for more details.