Hong Kong Regulator Warns of Securitization Risks for NFTs
The Securities and Futures Commission (SFC) of Hong Kong recently issued a statement on the financial and legal risks surrounding non-fungible tokens (NFTs). It claims that such tokens are not only prone to the typical security vulnerabilities of crypto, but could also constitute financial assets bound by SFC regulation. From Collectibles to Financial Assets According to the regulator‘s statement on Monday, NFTs “generally” do not fall under the SFC’s regulatory purview. These include NFTs created as “genuine” digital representations of collectibles, such as digital images, artwork, music, and videos. However, the commission claims that there are other NFTs that “cross the boundary” between collectibles and financial assets. Some, for example, are “fractionalized” or “fungible”, causing them to resemble securities and/or collective investment schemes (CIS). “Where an NFT constitutes an interest in a CIS, marketing or distributing it may constitute a regulated activity,” stated the regulator. “Parties carrying on a regulated activity, whether in Hong Kong or targeting Hong Kong investors, require a license from the SFC unless an exemption applies.” Authorization requirements may also be triggered if an arrangement related to an NFT involves public offers to participate in a CIS. NFTs saw their first true surge in popularity in 2021, mainly recognized as simple