The Financial Conduct Authority (FCA) of UK has published an announcement on its official site that requires organizations that deals with digital currency derivatives to have the approval.
The activities identified with digital currency derivatives, regardless of whether it is trading, transaction or advising falls under the Market in Financial Instruments Directive II (MiFID II) which was presented with the EU’s financial reforms in January 2018.
The UK’s financial regulator clears up that however it doesn’t regulate digital currencies or think of them as either currencies or commodities, they may qualify as financial instruments and subsequently fall inside the regulatory criteria.
The FCA gives three cases of crypto derivatives viz. Crypto Contracts for contrasts (CFDs), crypto futures and crypto choices. This implies any business that deals with these sorts of crypto derivatives are required to take the laws as applicable.
“Firms conducting regulated activities in cryptocurrency derivatives must, therefore, comply with all applicable rules in the FCA’s Handbook and any relevant provisions indirectly applicable European Union regulations.”
The failure to comply with these regulations will be considered a criminal offense that would lead to enforcement action:
“It is firms’ responsibility to ensure that they have the appropriate authorization and permission to carry on the regulated activity. If your firm is not authorized by the FCA and is offering products or services requiring authorization it is a criminal offense. Authorized firms offering these products without the appropriate permission may be subject to enforcement action.”
The UK FCA additionally brings up that:
“It is likely that dealing in, arranging transactions in, advising on or providing other services that amount to regulated activities in relation to derivatives that reference either cryptocurrencies or tokens issued through an initial coin offering (ICO), will require authorization by the FCA.”
Before, FCA has issued various warnings against digital currencies and ICOs because of the speculation and high risk relentless in the market. The finance minister of Britain additionally pronounced that they would set up a team to study the advantages of blockchain technology and the dangers of digital currencies.
CFDs are based on the crypto assets that essentially track the underlying assets so as to increase high leverage returns yet doesn’t possess any crypto itself. A month ago, ESMA likewise strengthened the CFD requirements referring to crypto’s high price unpredictability the purpose behind concern.
Prior this year, the European regulators AMF likewise gave an elucidation on these derivatives after the online crypto trading platform began offering CFDs, Forex contracts, and binary options.