The Bahamas' 2020 Digital Assets Act drew global crypto firms, including FTX Digital Markets. When FTX collapsed in Nov 2022, the regulator froze its assets within days; a $221.55m penalty claim was recognised in 2025, and the law was overhauled in 2024.
221.55 USD million
SCB regulatory-penalties claim against the FTX Digital Markets estate (sanctioned January 2025)
Details
Maturity
Established
Promoter
Securities Commission of The Bahamas
Period
2020–present
Keywords
fintech, digital assets, financial regulation
Context
In November 2020, the Bahamas enacted the Digital Assets and Registered Exchanges Act (DARE Act), one of the earlier comprehensive statutory frameworks worldwide for licensing and regulating digital-asset businesses and token offerings, administered by the Securities Commission of The Bahamas (SCB). The Act set requirements covering permissible participants, minimum capital, AML/CFT compliance and SCB approval, positioning the Bahamas as a credible jurisdiction for digital-asset firms.
Activities
Several globally recognised digital-asset businesses registered in the Bahamas under the framework, most prominently FTX Digital Markets Ltd, an affiliate of the FTX cryptocurrency exchange, which relocated its global headquarters to Nassau in 2021.
Results
When FTX collapsed amid allegations of misused customer funds, the SCB acted quickly: on 10 November 2022 it froze FTX Digital Markets' assets, suspended its DARE Act registration and applied to the Supreme Court of The Bahamas for provisional liquidation; on 12 November 2022, acting under court authorisation, it directed the transfer of FTX Digital Markets' remaining digital assets to a secure location amid fears of hacking. In January 2025, the Supreme Court sanctioned an agreement addressing the SCB's regulatory-penalties claim of US$221.55 million against the estate. Rather than retreat from the sector, the Bahamas passed a substantially updated DARE Act 2024 in July of that year.
Conclusions
This is included as a cautionary case: DARE succeeded in attracting a marquee international digital-asset business, and the regulator's documented response — a same-week asset freeze and license suspension — compares favourably with slower responses seen in other FTX-related jurisdictions. But the episode also shows that a licensing regime, however well-designed on paper, could not prevent the fraud alleged at the licensed entity itself, and the sector's association with the Bahamas is now inseparable from the FTX failure.
Implementation
Indicative cost
Low (< €50k) — Not quantified in source material; a legislative/regulatory framework rather than a capital programme.
Time to results
Medium (1–3 years) — Enacted November 2020; tested by the November 2022 FTX collapse; substantially updated as DARE Act 2024 in July 2024.
Staffing & skills
Securities Commission of The Bahamas (SCB) — licensing and enforcement regulator
Conditions for success
Statutory framework with clear licensing requirements (capital, AML/CFT, permissible participants)
Regulator capacity and legal authority to act quickly (asset freeze, license suspension, court application) when a licensee fails
Common failure modes
Licensing regime did not prevent the fraud alleged at a licensed entity (FTX Digital Markets)
Sector's international reputation is now inseparable from the FTX collapse
Do you run this practice?
Claim it —
verified implementers get a public contact pathway and can propose corrections.
Data sources
Where this practice's information was retrieved from, and when.
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