- (1) A firm must provide a report to each client on the execution of each qualifying cryptoasset lending or borrowing transaction that relates to them.
- (2) This report must be provided promptly and no later than 23:59:59 UTC on the day on which the order was executed or on which the information was received by the firm.
CRYPTO 9.9 Client reporting requirements
CRYPTO 9.9 Client reporting requirements
This section applies to a firm when providing a qualifying cryptoasset lending or borrowing service to a client.
Reporting transactions
A firm does not need to provide a report in accordance with CRYPTO 9.9.2R where a client has agreed in writing they do not want to receive it on this basis.
For the purposes of CRYPTO 9.9.2R(1), a qualifying cryptoasset lending or borrowing transaction includes all transactions between the firm and its client in the course of a qualifying cryptoasset lending or borrowing arrangement.
A firm must provide the information required in this section in a durable medium or via a website, mobile application or any other digital medium that the firm may be using in relation to the provision of its qualifying cryptoasset lending or borrowing service (where it does not constitute a durable medium) where the website conditions are satisfied.
Cancellations
- (1) Where a qualifying cryptoasset lending or borrowing transaction has been cancelled, a firm must provide the client with confirmation of, and a reason for, the cancellation.
- (2) The information in (1) must be provided promptly and no later than 23:59:59 UTC on the day on which the order was cancelled.
Client requests for information
A client may request, at any time, that a firm provide them with the information in CRYPTO 9.9.9R, in relation to that client:
- (1) for all qualifying cryptoasset lending or borrowing transactions (including cancellations);
- (2) for the period of 3 years preceding the request; and
- (3) in a medium compliant with CRYPTO 9.9.6R,
- irrespective of whether they agree with the firm not to receive a report in accordance with CRYPTO 9.9.2R.
Content of client reports
The report provided by a firm under CRYPTO 9.9.2R(1) must include all information identified in column (2) of CRYPTO 9 Annex 1.
Periodic reporting
- (1) A firm which provides qualifying cryptoasset lending or borrowing services to a client must provide the client with a periodic statement unless:
- (a) such a statement is provided by another person; or
- (b) all of the conditions in (2) are satisfied.
- (2) The conditions referred to (1)(b) are that:
- (a) the firm provides the client with access to an online system, application or digital medium which meets the requirements in CRYPTO 9.9.6R;
- (b) the system in (a) provides the client with easy access to up-to-date valuations of the information identified in column (3) of the table in CRYPTO 9 Annex 1; and
- (c) the firm has evidence that the client has accessed the online system in (a) at least once during the previous quarter.
- (3) The periodic statement must include the information identified in column (3) of CRYPTO 9 Annex 1.
The periodic statement must be provided once every 6 months, except in the following cases:
- (1) if the retail client so requests, the periodic statement must be provided every 3 months; or
- (2) if the client has agreed in writing they do not want to receive the periodic statement on this basis and elects to solely receive information about a qualifying cryptoasset lending or borrowing arrangement on a transaction-by-transaction basis, the periodic statement must be provided at least once every 12 months.
A firm must inform a retail client that they have the right to request the provision of a periodic statement every 3 months.
