In the ever-evolving cryptocurrency landscape in 2023, the term “crypto arbitrage” has gained significant attention. Crypto markets have been a focal point of global regulatory discussions, including the recent Joint Circular On Intermediaries’ Virtual Asset-Related Activities issued by the Hong Kong Securities and Futures Commission (SFC) and the Hong Kong Monetary Authority (HKMA) on October 20, 2023. This circular clarifies the rules surrounding virtual asset-related products, emphasising their classification as complex or non-complex. In this article, we explore the implications of this development and its impact on crypto arbitrage.
The Joint Circular has introduced a critical distinction between complex and non-complex virtual asset-related products. Complex products, considered high-risk and intricate, are now explicitly prohibited from being offered to retail clients. However, the document leaves the term “complexity” rather vague. An overseas non-derivative ETF, labelled “very likely” complex, typically caters exclusively to professional investors due to its intricate nature. Regulated exchange-traded virtual asset derivatives, meeting SFC criteria, remain accessible to retail investors despite restrictions.
Service providers, approved for retail non-qualified investors, must conduct “virtual assets knowledge tests” and educate clients on cryptocurrency risks. Additionally, the document outlines new rules for asset management funds and cryptocurrency advisors, requiring them to check the liquidity and exchange listings of recommended assets. Implementing extra security layers enhances protection and reveals the intricate challenges arbitrageurs encounter when pursuing profitable tactics.
In conclusion, in a year that has seen Hong Kong regulators exert their influence on the crypto industry, the crypto arbitrage landscape faces a complex and evolving regulatory framework. With questions “when will crypto recover?” and concerns about crypto bubbles ever-present, professionals and investors must carefully navigate this landscape. The SFC and HKMA’s joint circular has brought intricate regulations, necessitating a profound grasp of virtual assets and their intricacies. While this regulatory framework aims to protect investors, it raises new challenges for those engaged in crypto arbitrage.
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