The Canadian Securities Administrators (CSA) has published a set of proposed changes to the regulatory requirements for public investment funds looking to invest in crypto assets and is seeking comments from the public before making the changes official.
According to a press release from the CSA, the proposed amendments are designed to help protect investors and reduce risk for public investment funds investing in digital assets, and include requirements related to crypto asset investment restrictions and custodial obligations.
“We recognize the current regulatory framework for public investment funds needs to be adapted to address the unique aspects and risks of crypto assets,” said Stan Magidson, CSA Chair as well as Chair and CEO of the Alberta Securities Commission. “Formalizing these fundamental requirements will provide fund managers with greater clarity while we continue to assess whether a more comprehensive regime is required.”
The proposed amendments mark the second phase of an undertaking intended to implement a Canadian regulatory framework for public investment funds holding crypto assets.
In the third phase, the CSA said they would “consult publicly on a broader framework.”
Members of the public who are interested in submitting a comment have a 90-day window to do so and must submit their comments in writing on or before April 17.
Under the amendments, only alternative investment funds and non-redeemable investment funds would be allowed to buy, sell, or hold crypto assets directly. Mutual funds interested in gaining crypto exposure would only be able to do so through one of these vehicles.
For a purchase to be allowed, the asset in question would need to be listed on an exchange recognized by a securities regulatory authority in Canada and would have to be fungible.
The assets would also have to be insured and custodied in cold wallets, and an annual review of the custodian’s internal management by a public accountant would be required.
“We think this [greater regulatory clarity] can facilitate new product development in the space while also ensuring that appropriate risk mitigation measures are built directly into the investment fund regulatory framework,” the CSA said.
While the CSA is looking to provide clarity for those who are interested in investing in cryptocurrencies, they also continue to warn that doing so carries a lot of risks.
“The CSA reminds Canadians that investing in crypto assets, even through public investment funds, is higher risk and may not be suitable for most retail investors,” the regulator said. “Generally speaking, investing in crypto assets is a speculative activity, and the value and liquidity of crypto assets are highly volatile. While regulatory oversight of public investment funds plays an important role in investor protection, these measures cannot eliminate all risks associated with investing in crypto assets.”
