NFA Adopts Disclosure Requirements For Members Engaging In Virtual Currency Activities

Introduction

The National Futures Association (NFA) has adopted an interpretive notice that requires futures commission merchants, introducing brokers, commodity pool operators and commodity trading advisers to disclose to customers certain potential risks involved when dealing with virtual currencies and virtual currency derivatives. ¹ The notice, titled "Disclosure Requirements for NFA Members Engaging in Virtual Currency Activities", reflects the NFA's concern that customers may not fully understand the nature of these products, the potentially significant losses that could be sustained or the limitations of the NFA's oversight of virtual currency activities.

The notice is effective from 31 October 2018. It also requires disclosures for virtual currency activities that took place prior to the effective date.