Canadian authorities have issued new guidance to determine which cryptocurrency trading platforms fall under derivatives law.
The Canadian Securities Administration (CSA) explained new provisions in the “Guidance on the Application of Securities Legislation to Entities Facilitating the Trading of Crypto Assets” published on Jan. 16.
In general, the agency drew a line between trading platforms that make an immediate delivery of a crypto assets to its users, and those that hold the transaction of crypto assets until the user makes a later request.
What laws apply?
Following an analysis of trading techniques on different platforms, the CSA concluded that some of them only provide their users with a contractual right or claim to a crypto asset, and do not immediately transfer it to a user. Such crypto trading platforms are subject to securities legislation, and thus fall under derivatives laws. The guidance detailed:
The CSA will not apply securities laws to crypto exchanges on which the underlying crypto asset is not a security or derivative, and crypto assets are delivered to a user immediately.
In late December 2019, the NASAA said that cryptocurrency investment is among the top five investor threats for 2020. Commenting on the matter, the NASAA’s president Christopher Gerold said: