With crypto regulation uncertainty remaining, do crypto CFDs need to be reported in Europe?
One of the biggest obstacles in the cryptocurrency space is regulation and an overall lack of clarity regarding how virtual currencies are defined. This has led to confusion as to which regulations apply to crypto-assets.
An aspect of regulation that has caused uncertainty within the markets are crypto contracts for difference (CFDs) and whether they are reportable under EMIR and MiFID II (MiFIR).
Speaking on the ambiguity surrounding crypto regulation, the Co-CEO of TRAction Fintech told Finance Magnates: "Due to technology often moving faster than regulation and the relative infancy of the product, there is still a lot of confusion over the reportability of Crypto and Crypto derivatives. It doesn't help that Brexit, leverage restrictions and SFTR have been hogging all the 'regulatory spotlight' lately, leaving the issues around Crypto somewhat neglected."
Even the European Securities and Markets Authority (ESMA) recognizes the difficulties of applying crypto assets to European regulation, as the regulation wasn't designed with these instruments in mind.
In January of last year, Steven Maijoor, Chair of ESMA, said in a statement: "Our survey of NCAs highlighted that some crypto-assets may qualify as MiFID financial instruments, in which case the full set of EU financial rules would apply."
"However, because the existing rules were not designed with these instruments in mind, NCAs face challenges in interpreting the existing requirements and certain requirements are not adapted to the specific characteristics of crypto-assets."
Do cryptos need to be reported?
As highlighted by TRAction Fintech, a financial technology service provider specializing in regulatory over the counter (OTC) derivatives transaction reporting, in order to be reportable under MiFIR, the instrument has to be traded on a trading venue, or the underlying asset has to be traded on a trading venue, within the European Economic Area (EEA).
At present, the only venue-listed cryptocurrency is a Bitcoin Future, and this is listed outside of the EEA, on CBOE and CME. Therefore, the company doesn't currently see cryptos as reportable under MiFIR.
Although cryptos might not be reportable under European regulation, crypto CFDs are another story, due to the fact that a CFD is a derivative. As outlined by TRAction, as only derivatives are reportable under EMIR, only the CFD on a cryptocurrency is deemed reportable.
"Due to the fact the EMIR Reporting Rules were not designed with these instruments in mind, there isn't a category that perfectly fits a cryptocurrency and therefore some interpretation is required in order to report these instruments," the company said in a statement.
"At this stage, the wider derivative industry and Trade Repositories suggest reporting under the commodity asset class as a cryptocurrency does not (yet?) have an ISO standard currency code, which is required, for it to be reported as a currency."
What should investment firms do next?
In its statement seen by Finance Magnates, TRAction outlines a list of next steps that firms offering Cryptocurrencies in the EEA region should follow. Namely, investment firms should ascertain whether they have offered or transacted in any cryptocurrency derivatives or CFDs.
If a firm has done so, they must check if they have been reported, and in the instance where any crypto CFDs haven't been reported, they should consider whether all previous transactions should be backloaded under EMIR and MiFIR. Furthermore, investment firms may need to lodge a breach report to their NCA.
One of the biggest obstacles in the cryptocurrency space is regulation and an overall lack of clarity regarding how virtual currencies are defined. This has led to confusion as to which regulations apply to crypto-assets.
An aspect of regulation that has caused uncertainty within the markets are crypto contracts for difference (CFDs) and whether they are reportable under EMIR and MiFID II (MiFIR).
Speaking on the ambiguity surrounding crypto regulation, the Co-CEO of TRAction Fintech told Finance Magnates: "Due to technology often moving faster than regulation and the relative infancy of the product, there is still a lot of confusion over the reportability of Crypto and Crypto derivatives. It doesn't help that Brexit, leverage restrictions and SFTR have been hogging all the 'regulatory spotlight' lately, leaving the issues around Crypto somewhat neglected."
Even the European Securities and Markets Authority (ESMA) recognizes the difficulties of applying crypto assets to European regulation, as the regulation wasn't designed with these instruments in mind.
In January of last year, Steven Maijoor, Chair of ESMA, said in a statement: "Our survey of NCAs highlighted that some crypto-assets may qualify as MiFID financial instruments, in which case the full set of EU financial rules would apply."
"However, because the existing rules were not designed with these instruments in mind, NCAs face challenges in interpreting the existing requirements and certain requirements are not adapted to the specific characteristics of crypto-assets."
Do cryptos need to be reported?
As highlighted by TRAction Fintech, a financial technology service provider specializing in regulatory over the counter (OTC) derivatives transaction reporting, in order to be reportable under MiFIR, the instrument has to be traded on a trading venue, or the underlying asset has to be traded on a trading venue, within the European Economic Area (EEA).
At present, the only venue-listed cryptocurrency is a Bitcoin Future, and this is listed outside of the EEA, on CBOE and CME. Therefore, the company doesn't currently see cryptos as reportable under MiFIR.
Although cryptos might not be reportable under European regulation, crypto CFDs are another story, due to the fact that a CFD is a derivative. As outlined by TRAction, as only derivatives are reportable under EMIR, only the CFD on a cryptocurrency is deemed reportable.
"Due to the fact the EMIR Reporting Rules were not designed with these instruments in mind, there isn't a category that perfectly fits a cryptocurrency and therefore some interpretation is required in order to report these instruments," the company said in a statement.
"At this stage, the wider derivative industry and Trade Repositories suggest reporting under the commodity asset class as a cryptocurrency does not (yet?) have an ISO standard currency code, which is required, for it to be reported as a currency."
What should investment firms do next?
In its statement seen by Finance Magnates, TRAction outlines a list of next steps that firms offering Cryptocurrencies in the EEA region should follow. Namely, investment firms should ascertain whether they have offered or transacted in any cryptocurrency derivatives or CFDs.
If a firm has done so, they must check if they have been reported, and in the instance where any crypto CFDs haven't been reported, they should consider whether all previous transactions should be backloaded under EMIR and MiFIR. Furthermore, investment firms may need to lodge a breach report to their NCA.
FM's Editor-in-Chief Yam Yehoshua on how the newsroom evaluates stories.
FM's Editor-in-Chief Yam Yehoshua on how the newsroom evaluates stories.
FM's Editor-in-Chief Yam Yehoshua on how the newsroom evaluates stories.
FM's Editor-in-Chief Yam Yehoshua on how the newsroom evaluates stories.
Matthew Smith, Group CEO at EC Markets, speaking at FMLS:24
Matthew Smith, Group CEO at EC Markets, speaking at FMLS:24
Matthew Smith, Group CEO at EC Markets, speaking at FMLS:24
Matthew Smith, Group CEO at EC Markets, speaking at FMLS:24
Finance Magnates Annual Awards 2024 | FM Awards 2024 Highlights
Finance Magnates Annual Awards 2024 | FM Awards 2024 Highlights
🎥Catch the best moments from the Finance Magnates Annual Awards Gala Dinner!
An evening where top names in finance came together to celebrate achievements, enjoy live music, and connect over a memorable dinner. Watch the highlights and feel the energy of our first gala in Cyprus!
Congratulations to all the winners for their dedication to excellence and leadership in the financial industry, including XM, Trading PRO, FP Markets, Deriv, FxPro, LATAM, Headway, ATFX, FBS, AMEGA, EC Markets, Axi
For more information about the 1st Finance Magnates Annual Awards, visit https://bit.ly/3Zb7wNz
#FinanceMagnatesGala #IndustryExcellence #GalaHighlights #FinanceMagnatesAnnualAwards #FinanceMagnatesAwards #CelebratingSuccess #FinanceCommunity
🎥Catch the best moments from the Finance Magnates Annual Awards Gala Dinner!
An evening where top names in finance came together to celebrate achievements, enjoy live music, and connect over a memorable dinner. Watch the highlights and feel the energy of our first gala in Cyprus!
Congratulations to all the winners for their dedication to excellence and leadership in the financial industry, including XM, Trading PRO, FP Markets, Deriv, FxPro, LATAM, Headway, ATFX, FBS, AMEGA, EC Markets, Axi
For more information about the 1st Finance Magnates Annual Awards, visit https://bit.ly/3Zb7wNz
#FinanceMagnatesGala #IndustryExcellence #GalaHighlights #FinanceMagnatesAnnualAwards #FinanceMagnatesAwards #CelebratingSuccess #FinanceCommunity
FMLS:24 | Shaping the Next Era of Financial Evolution
FMLS:24 | Shaping the Next Era of Financial Evolution
Welcome to FMLS:24 – the premier event where influential brands and leaders in trading, payments, fintech, and digital assets come together!
Join over 2,500 industry professionals, engage with 150+ expert speakers, and discover endless opportunities with 70+ top exhibitors. FMLS:24 is where senior executives and decision-makers gather to close deals, forge new partnerships, and strengthen connections with long-term clients.
Whether you’re in finance, technology, or payments, this summit is your gateway to future growth, meaningful collaborations, and industry-leading insights.
👉 Don't miss out – secure your ticket now at https://events.financemagnates.com/ZQEYy0?utm_source=youtube&utm_campaign=fmls24-awareness&utm_medium=video&RefId=MLS%3A24+Video+Promo
#fmls #fmls24 #fmevents #financemagnates #forex #payments #crypto #events #london #fintech #ai #generativeai #technology #onlinetrading #forex #investing #investors #tech
📣 Stay updated with the latest in finance and trading!
Follow FMevents across our social media platforms for news, insights, and event updates. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/showcase/financemagnates-events/
👍 Facebook: https://www.facebook.com/FinanceMagnatesEvents
📸 Instagram: https://www.instagram.com/fmevents_official
🐦 Twitter: https://twitter.com/F_M_events
🎥 TikTok: https://www.tiktok.com/@fmevents_official
▶️ YouTube: https://www.youtube.com/@FinanceMagnates_official
Don't miss out on our latest videos, interviews, and event coverage. Subscribe to our YouTube channel for more!
Welcome to FMLS:24 – the premier event where influential brands and leaders in trading, payments, fintech, and digital assets come together!
Join over 2,500 industry professionals, engage with 150+ expert speakers, and discover endless opportunities with 70+ top exhibitors. FMLS:24 is where senior executives and decision-makers gather to close deals, forge new partnerships, and strengthen connections with long-term clients.
Whether you’re in finance, technology, or payments, this summit is your gateway to future growth, meaningful collaborations, and industry-leading insights.
👉 Don't miss out – secure your ticket now at https://events.financemagnates.com/ZQEYy0?utm_source=youtube&utm_campaign=fmls24-awareness&utm_medium=video&RefId=MLS%3A24+Video+Promo
#fmls #fmls24 #fmevents #financemagnates #forex #payments #crypto #events #london #fintech #ai #generativeai #technology #onlinetrading #forex #investing #investors #tech
📣 Stay updated with the latest in finance and trading!
Follow FMevents across our social media platforms for news, insights, and event updates. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/showcase/financemagnates-events/
👍 Facebook: https://www.facebook.com/FinanceMagnatesEvents
📸 Instagram: https://www.instagram.com/fmevents_official
🐦 Twitter: https://twitter.com/F_M_events
🎥 TikTok: https://www.tiktok.com/@fmevents_official
▶️ YouTube: https://www.youtube.com/@FinanceMagnates_official
Don't miss out on our latest videos, interviews, and event coverage. Subscribe to our YouTube channel for more!