Risks Associated with Clearing Digital Assets

June 8, 2023

On May 30, 2023, the Division of Clearing and Risk (“DCR”) of the Commodity Futures Trading Commission (“CFTC”) issued an advisory (“05/30/23 DCO Advisory”) relating to registered, or those seeking to register as, derivatives clearing organizations (“DCOs”) that offer clearing services involving contracts for digital assets. This advisory follows DCR’s May 17, 2023 advisory to DCOs in connection with prime brokerage (“PB”) arrangements and trading on swap execution facilities (“SEFs”) (covered previously here). 

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