Cryptoassets Regulatory Intelligence

China (CN) · Module Detail

China: Crypto Licensing

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Mainland China maintains a blanket prohibition on crypto exchange, trading, and related intermediary/financing services, originally declared illegal by the 15 September 2021 ten-agency Notice and now carried forward and extended by the February 2026 eight-agency joint notice, which per T3 legal-advisory reporting supersedes the 2021 instrument as the sole operative primary framework. No onshore licensing or registration pathway exists for these activities.

Open gap — crypto-int-1Exact penalty quantum (fine/criminal sentence ranges) for unauthorized virtual-currency business under Yin Fa [2026] No. 42 was not located in primary text this cycle.no under-indexing note recorded
Standing sub-brief · as of 3 August 2026487 words · last cycle 2026-10-11

Crypto Licensing

Mainland China maintains a comprehensive licensing prohibition for crypto exchange, trading and related financial-services activity, now consolidated under a single operative primary instrument. The 15 September 2021 ten-agency Notice, led by the People's Bank of China, declared virtual currency exchange, token-to-token exchange, and related intermediary and financing services illegal financial activities across mainland China. Per legal-advisory reporting from Norton Rose Fulbright and Lexology/Han Kun Law, that 2021 Notice has since been superseded by a February 2026 eight-agency joint notice -- again fronted by the PBOC and joined by the China Securities Regulatory Commission, the National Development and Reform Commission, the Ministry of Public Security, the State Administration of Foreign Exchange and other agencies -- which reasserted the underlying 2021 ban on crypto trading and stablecoins, including cross-border activity, while extending strict controls to RWA tokenization subject only to limited exceptions. The 2026 notice is now treated as the sole current operative primary instrument carrying forward the prohibitions the 2021 Notice originally established, rather than the two instruments standing as co-equal, independently-in-force frameworks.

Periodic update · new data 2026-09-28

Crypto Licensing

China's crypto-licensing landscape remains one of comprehensive prohibition rather than any form of licensing regime. PBOC-led Notice Yin Fa [2026] No.42 restates this prohibition, covering onshore cryptocurrency exchange, trading and related financial-services activity, all treated as illegal financial activities. The notice's most significant lifecycle event is procedural rather than substantive in the narrow sense: it expressly repeals the 2021 virtual-currency prohibition circular (Yin Fa [2021] No.237), consolidating what had been the operative legal basis for the prohibition into a single new instrument that also broadens scope. This repeal-and-restate pattern means the underlying prohibition itself is not new, but its legal basis, and its explicit coverage of instruments that did not exist or were not clearly addressed in 2021, principally RMB-pegged stablecoins and RWA tokenization, is materially updated.

Both the prohibition claim and the repeal claim are assessed at Probable confidence, reflecting that this cycle's evidence base rests on law-firm and trade-press secondary commentary (Lexology, CryptoSlate) rather than a directly-retrieved PBOC primary text. The gaps register for this cycle flags an open question as to whether the seed-listed pbc.gov.cn/en URL remains the correct live host for the full text of Notice No.42, or whether it has moved to a dedicated notice page, an open sourcing question rather than a substantive doubt about the notice's existence or effect.

Outlook

Retrieval of a Tier-1 PBOC primary text for Notice No.42 remains the single most consequential open item for this module; until that occurs, confidence in the specific scope and wording of the restated prohibition is capped at Probable notwithstanding consistent secondary-source corroboration.

2 earlier distinct update(s)
Periodic update · new data 2026-09-04

Crypto Licensing

Notice Yin Fa [2026] No.42, effective 6 February 2026, reaffirms and extends China's comprehensive prohibition on virtual-currency-related business activity. The notice declares exchange services, central-counterparty trading, pricing services, token-issuance financing and derivatives all illegal financial activities in mainland China (CLM-CN-001). This is a Confirmed, Tier-1-sourced finding directly from the People's Bank of China. The notice expressly repeals the 2021 PBOC-led virtual-currency trading-speculation notice that preceded it, an architecture-level instrument replacement rather than an incremental amendment (CLM-CN-002), though this repeal claim itself rests on Tier-3 secondary sourcing rather than a directly quoted primary repeal clause.

No licensing pathway exists, or is contemplated, for domestic virtual-currency exchange, trading or token-issuance activity under this framework. The instrument's approach is prohibition, not licensing-with-conditions; there is no application process, no fit-and-proper test, and no compliance pathway by which a domestic or foreign entity could lawfully operate an exchange, trading platform or token-issuance business onshore.

Outlook

The most significant open question is whether any enforcement action materialises against an entity attempting to exploit ambiguity at the margins of the notice's scope — for instance, an entity structuring activity as something other than 'exchange' or 'trading' in form while achieving the same substantive effect. No such action has been reported this cycle; the notice's practical deterrent effect remains, for now, an architecture-level inference rather than an enforcement-tested one.

Periodic update · new data 2026-08-25

Crypto Licensing

China's licensing posture for virtual-currency business activity remains what it has been since 2021: a blanket prohibition rather than a licensing regime, now reaffirmed and re-issued under a fresh instrument. PBOC's Circular Yin Fa [2026] No. 42 explicitly states that all virtual-currency-related business activities constitute illegal financial activities in mainland China, and reporting describes this circular as repealing and replacing the 2021 circular that previously carried this designation. There is no indication in this cycle's research of any carve-out, sandbox, or conditional-licensing pathway being introduced alongside the reaffirmation; the instrument's function is to consolidate and restate the prohibition under new cover rather than to soften or refine it. What makes this cycle material for the licensing module specifically is less the restatement of the domestic ban -- which is, on its own, an unchanged fact -- and more the fact that the same instrument extends the prohibition's practical reach to categories (stablecoins, real-world-asset tokenization, and outbound service provision to Chinese entities) that previously sat only within the general prohibition's broad language rather than being named explicitly. The supervisory authority remains PBOC, acting through a formal internal circular rather than through a public law or regulation subject to separate legislative process, which is itself a structural feature of how Chinese financial-sector prohibitions of this kind have historically been issued and amended. The primary sourcing for the core prohibition claim sits at a mid-tier level (T3, trade press), with the extension provisions corroborated at a stronger tier through a Library of Congress legal-monitor summary; the underlying Chinese-language circular text itself has not been independently retrieved this cycle, which the monitor is treating as an open verification item rather than as grounds to discount the substance of the reporting.

Outlook

No change to the licensing module's fundamental character is anticipated absent a change in Beijing's underlying policy stance, which this cycle's research gives no indication of shifting. The most likely source of further material development in this module going forward is not a loosening of the prohibition but continued specification of its reach -- further named categories, further extraterritorial provisions, or enforcement actions taken under the new circular's authority. Independent retrieval of the primary Chinese-language text remains the single highest-value verification step outstanding for this module, since it would allow the monitor to move from reporting-based corroboration to primary-source confirmation of the exact scope of the 2026 restatement relative to the 2021 instrument it replaces.

Sources and findings (2)
  1. T4 · CoinDeskPeople's Bank of China (PBOC)-led ten-agency Notice — Virtual currency exchange, token-to-token exchange, and related intermediary and financing services are illegal financial activities in mainland China (15 September 2021 Notice).retrieved M5bindingin forceupdated
  2. T4 · CoinDeskEight-agency joint notice (PBOC, CSRC, NDRC, MPS, SAFE et al.) — The February 2026 joint notice reasserted the 2021 ban on crypto trading and stablecoins, including cross-border activity, and imposed strict controls on RWA tokenization with only limited exceptions.retrieved M5bindingin forceupdated