Is Crypto Lending Legal?

Crypto lending has risen in popularity in recent years following the adoption of cryptocurrencies and digital assets worldwide. Individuals, business corporations, and even governments see the appeal of crypto assets and the amazing technology behind them.

As there are always two sides to a coin, the crypto industry's sentiments are also split. While there are adopters and those who favor crypto, skeptics also abound with their pessimistic views of this space.

The legal nature of crypto assets fuels these opposing views. In some areas, cryptocurrencies are accepted and recognized as legal financial instruments, while it is restricted and prohibited in other areas.

Crypto lending, a service under the umbrella of digital assets, is not spared from these negative sentiments and views. Furthermore, the varied approach of the government and authorities towards this service makes people wonder: Is crypto lending legal?

It is essential to understand the basis that determines if crypto lending is right or wrong to answer this question. When you know this, you will be able to apply this knowledge to decide where you stand regarding crypto lending in your locality.

Financial Laws

To a great extent, federal securities laws in a country determine if crypto lending is permitted or illegal.

Some countries are totally against anything related to cryptocurrencies, and in such places, crypto lending is illegal. Other countries allow cryptocurrencies, and they are viewed the same as other financial instruments. In these regions, crypto-related services are subject to the existing financial laws that govern financial assets.

Crypto lending firms must conform to these financial laws and bring their product in line with them.

In the United States, for instance, a crypto lending firm might be offering illegal products for some reasons such as:

Failure to register lending products as securities

In the US, crypto lending products are seen as securities. All companies offering crypto lending accounts need to register their products and services under the SEC.

This means that if a lending platform sells unregistered securities in the United States, such a product is illegal. Crypto lending accounts on that platform are illegal as well.

Failure to be registered under the Investment Company Act

The Investment Company Act regulates companies that invest and trade securities, and those whose own securities are offered to investors.

Crypto lending firms whose accounts are deemed securities must bring their business within the provisions of the Investment Company Act.

The Securities and Exchange Commission Role

The Investment Company Act is enforced and regulated by the SEC. Through the Howey and Reves test, they determine if a company promotes an investment contract through its products and services.

In the United States, the SEC treats a crypto lending product as security upon applying the Howey and Reves test in determining if the lending platform promotes an investment contract.

This means that they treat crypto lending accounts the same way they will treat traditional bank accounts. The SEC also works with other securities regulators in enforcing these financial laws on crypto platforms.

A notable example of the SEC swinging its hammer on these platforms is the charge brought on BlockFi's. The BlockFi lending product was deemed a Security, and they were forced to reach a settlement with the SEC to move forward.

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Want to learn more? Click here to dive into SEC and crypto lending

The world of decentralized finance also has such things as savings accounts, interest payments, and crypto lending.

Crypto lenders have earned yields by lending their crypto deposits through decentralized finance protocols where a computer code manages the interest payments.

Since everything is managed by code, it has been difficult for regulators to apply crypto regulation here as there are no crypto firms to charge.

In the United States, SEC chairman Gary Gensler mentioned that priority should center on crypto trading, lending, and DeFi platforms. This might mean that the SEC might shift further attention to decentralized lending.

Could Crypto Lending Become Illegal?

The sentiments surrounding crypto are divisive so far, and there have been many on both sides of the fence. Globally, governments, authorities, and regulators are coming to grips with the crypto world.

Some regions have accepted it entirely and are welcome to its use case, while in some locations like that mentioned above, its use is subject to scrutiny by regulators.

If you are in a region where crypto and crypto lending isn't tolerated, you might be interested in its future.

Since nothing stays permanent, it remains possible that the government and authorities in your region will change their opinion about it. Furthermore, the massive adoption of cryptocurrencies and the technology behind them could influence such a move.

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Want to learn more? Click here to dive into whether crypto lending could become illegal.

Where crypto lending is illegal

Most countries have not banned crypto lending and instead have opted to either ignore or regulate it. For example, the US and Europe have chosen to regulate crypto. The SEC recently took a harder stance on crypto lending, however, it has not been banned outright. Other countries like China have chosen to take a harder stance and have chosen to ban the ownership and use of crypto altogether.

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Want to learn more? Some countries have chosen to ban crypto lending.

Conclusion

It's essential to think about the legal implications of your decision before taking a crypto loan or lending crypto through a lending platform. It's also very important to think about the future implications of whatever decision you are looking to make.

Crypto lending firms have a role in making their products and services legal for those using them. When they register their company and product with the right legal bodies, regulators will find no issue with them.

Whether crypto lending becomes legal in all parts of the world remains to be seen. We can be sure that its adoption will keep growing as more nations see its positives and impact.

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