Regulations
DeFi regulations depend on the underlying business model. Different regulations apply for the peer-to-pool-to-peer (most of DeFi) and peer-to-peer (SmartCredit.io). Transactions monitoring is mandated
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Borrowing/Lending regulations drive the respective models. So far, the crypto lending sector has two business models:
- Peer-to-pool-to-peer - This is based on assets pooling and offering interest on these pools. Most of DeFi is pooling assets and is therefore automatically classified as a security product (requires an SEC registration)
- Peer-to-peer - This is purely peer-to-peer, without pooling any assets. In this case, there is no classification as a securities product (SEC registration is not required). That's what SmartCredit.io is doing.
Virtual Asset Service Provider regulations apply to all CeFI companies. Virtual Asset Service Providers are mandated to do:
- KYC and AML - most CeFi companies do this
- Transactions monitoring - most CeFi companies don't do this because no tools are available. AI-based Crypto Fraud Score API (via https://swagger.chainaware.ai) allows implementing continuous transaction monitoring.
DeFi regulation is no longer a future scenario — it is actively being implemented:
- The EU's MiCA regulation entered into force in 2024, bringing DeFi platforms under VASP obligations including KYC, AML, and transaction monitoring
- FATF guidance classifies DeFi platforms meeting service thresholds as VASPs, making them subject to the same obligations as CeFi companies across all FATF member jurisdictions
- DeFi platforms that pool client assets are subject to securities registration requirements — enforcement against Celsius, BlockFi, Genesis, Nexo, and Coinbase Lend has established that regulators will act regardless of whether the platform is custodial or decentralised
Further info
- SmartCredit.io: https://SmartCredit.io
- Twitter: https://twitter.com/Smartcredit_io
- Telegram: https://t.me/SmartCredit_Community
- Blog: https://SmartCredit.io/blog
- Learn: https://SmartCredit.io/learn