Several points remain open. The FCA has said it will consult on further PERG 18 amendments, and final guidance is not expected until early 2027. Firms relying on transitional arrangements have been told to apply as early as possible, but the precise terms of those arrangements sit within the rules and guidance still being refined.
For attorneys, the priority is the application window, which closes on 28 February 2027. Firms already authorised under FSMA will generally need a variation of permission to add the new activities. The FCA applies a "same risk, same regulatory outcome" principle, so existing exclusions designed for traditional financial services may not cover new cryptoasset activities. Overseas firms serving UK consumers may also be treated as carrying on business in the UK. Clients in this space should be told now that the regime is not light-touch, even though the FCA made concessions to industry feedback.