ASIC moves to close crypto derivatives loophole after retail traders lose A$458 million

Australian regulator proposes extending leverage restrictions to crypto-settled contracts

By LineZotpaper
Published
Read Time2 min
Australia's corporate regulator has proposed closing a regulatory gap that allows some cryptocurrency-settled derivatives to bypass existing leverage limits, after finding that 68 per cent of retail clients trading contracts for difference (CFDs) lost money in the 2023-24 financial year, with combined losses exceeding A$458 million.

The Australian Securities and Investments Commission (ASIC) announced on October 12 that it wants to extend its existing CFD product intervention order to cover derivatives settled through digital assets, ensuring economically similar products face the same restrictions regardless of how they are settled.

Under current rules, CFDs are covered when settled in cash or through offsetting obligations, but some derivatives with comparable characteristics settle via transfers of digital assets, placing them outside the order. The change would require affected platforms to comply with existing leverage caps, margin close-out requirements, negative balance protections, and limits on promotional incentives.

For CFDs referencing cryptocurrencies, the maximum retail leverage is 2:1, meaning investors must provide at least half the value of their position. Other contracts face limits ranging from 5:1 for shares to 30:1 for major currency pairs. The proposed expansion would apply leverage limits based on the underlying exposure rather than automatically imposing the crypto cap on all digital-asset-settled products. Some fixed-expiry crypto futures and options would remain outside the framework.

ASIC Commissioner Alan Kirkland said existing restrictions had materially reduced investor harm, particularly by limiting excessive leverage. The regulator is also seeking to extend the investor protections for another decade, keeping them in force until 2037, subject to government approval.

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Analysis

Why This Matters

  • Retail investors trading crypto derivatives face significant risk of loss; ASIC’s data shows high failure rates even with some protections in place
  • The proposal could affect how global crypto platforms structure products for Australian clients, potentially reducing access to high-leverage trading
  • Other jurisdictions may watch ASIC’s approach as a model for regulating crypto-settled derivatives

Background

ASIC first imposed product intervention restrictions on CFDs in 2020, including leverage limits and negative balance protections. The order was based on evidence of widespread retail losses from high-leverage trading. The current proposal seeks to close a loophole where derivatives settled in digital assets escape those rules, even though they present similar risks to investors.

Key Perspectives

ASIC: The regulator argues the extension is necessary to protect retail investors from harm, citing data that 68 per cent of CFD clients lost money and total losses exceeded A$458 million in 2023-24. Crypto derivatives platforms: Platforms offering crypto-settled derivatives would face new compliance requirements, including leverage limits and margin rules, potentially forcing product redesign or withdrawal from the Australian market. Retail traders: Some investors may lose access to leveraged crypto products they currently use, while others benefit from stronger protections against excessive losses.

What to Watch

  • Government approval: The proposed extension to 2037 requires ministerial sign-off
  • Industry response: Whether platforms challenge the rule change or adjust products to comply
  • Enforcement: How ASIC monitors and enforces the new rules, especially for offshore entities serving Australian clients

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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