Over the past year, cryptocurrencies like Bitcoin, Litecoin, Ethereum, and more have become a massively profitable asset class attracting institutional and retail investors alike. However, due to their rapid integration into the markets, the regulatory framework for cryptocurrencies is still in the process of being shaped by regulatory entities worldwide. In response, on July 20th, the National Futures Associates (NFA) published Disclosure Requirements for NFA Members Engaging in Virtual Currency Activities. This communication lists a series of items that all Commodity Pool Operators (CPOs) and Commodity Trade Advisors (CTAs) must disclose if they intend to market any virtual currencies to both institutional and retail investors alike, with the key areas addressed being:
- Unique features of virtual currencies
- Price volatility of virtual currencies
- Valuation and liquidity of virtual currencies
- Opaque spot markets
- Virtual currency exchanges
- Intermediaries and custodians
- Regulatory landscape
- Transaction fees
Although the NFA is performing market regulation services on behalf of certain future exchanges and swap execution facilities, investors should still remain aware. Despite virtual currencies, including Bitcoin, being traded on regulated future exchanges, the NFA stresses such scenarios do not imply that underlying virtual currency markets are being regulated in any way or form.
Cryptocurrency investment advisors that have recently incorporated should be aware that given their predominant asset class, they must not only comply with the disclosure requirement above but also potentially file Form PQR as they would be categorized as Commodity Pool Operators from a regulatory standpoint.
For further detail about the full length and scope of Disclosure Requirements for NFA Members Engaging in Virtual Currency Activities please read it here. For any questions regarding Form PQR and other regulatory needs, please contact us at firstname.lastname@example.org. Our SS&C Regulatory Solutions team is here to help your organization meet reporting requirements with minimum cost and disruption.
 NFA Investor Advisory—Futures on Virtual Currencies Including Bitcoin – December 1st 2017
 RIN 3038—AE62: Retail Commodity Transactions Involving Virtual Currency – March 20th 2018
 National Futures Association: Proposed Interpretive Notice: Disclosure Requirements for NFA Members Engaging in Virtual Currency Activities – July 20th, 2018
Alternative Investments, Regulation