Kucoin told to halt new EU business due to compliance staffing shortfalls

• The Austrian regulator said KuCoin EU no longer has suitable key function holders for anti-money laundering, terrorist financing compliance and financial sanctions roles.
• The FMA granted Kucoin approval under the Markets in Crypto Assets regime in November.

Austria's financial regulator said it prohibited the European arm of KuCoin from conducting new business and onboarding customers after the crypto exchange lost key compliance staff just months after gaining a Markets in Crypto Assets (MiCA) permit to operate across the European Union.

KuCoin EU no longer has key function holders in anti-money laundering (AML) and prevention of terrorist financing roles, according to a statement from the regulator, the FMA, which granted the license in November. The freeze will last until the firm appoints the necessary compliance reporting staff, it said.

“The effective staffing of these key functions is a prerequisite for the orderly conduct of business," the FMA said. The exchange is "prohibited with immediate effect from concluding business relationships of any kind with new customers and from concluding new contracts or new products within the scope of existing business relationships until these key functions have been appropriately filled.”

Kucoin said the positions are being filled as part of an expansion of the compliance team in Austria.

"Our priority in Austria is to establish a governance framework that reflects the expectations of European regulators and the responsibility we carry toward the EU market," said Sabina Liu, managing director of KuCoin EU. "By investing in experienced local compliance professionals, we are reinforcing a compliance-first operating model designed for long-term stability and transparency."

Austria has become a popular destination for crypto exchanges looking to passport into Europe via MiCA, with the companies including Bitpanda, Bybit and Bitget establishing bases in Vienna.

When the license was granted, the FMA said the key functions of AML officer and sanctions compliance officer and their respective deputies were occupied in accordance with MiCA and the Financial Markets Anti-Money Laundering Act (FM-GwG; Finanzmarkt-Geldwäschegesetz).

“According to the FMA’s knowledge, this is no longer the case,” the FMA said.

• The addition of a few lines in a frequently-asked-questions page on the U.S. Securities and Exchange Commission website may open up the use of stablecoins in capital calculations for U.S. broker-dealers.
• The agency is instructing brokers that they need only give their stablecoins a 2% haircut when calculating how much they can be used as regulatory capital.

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