ESMA_QA_2604
08/07/2025
Subject Matter
Clarification as regards to Perpetual features
    We are writing to request clarification regarding the regulatory treatment of perpetual futures. Specifically, we would like to confirm whether, in cases where a Cyprus Investment Firm (CIF) offers listed futures contracts through a Multilateral Trading Facility (MTF) operating in Europe, the perpetual futures offered by the CIF would fall within the scope of Category 10 – Other Derivatives, as defined in the First Appendix, Part III of Law 87(I)/2017, as amended from time to time.

    In addition, we would appreciate your confirmation on whether any leverage restrictions apply to perpetual futures, either under CySEC’s national rules or under EU-level requirements, particularly in the context of investor protection measures.
    Status: Question Rejected

    Additional Information

    Level 1 Regulation
    Directive 2014/65/EU - Markets in Financial Instruments Directive (MiFID II)
    Level 2 Regulation
    Regulation 2017/565 - MiFID II Delegated Regulation
    Level 3 Regulation
    ESMA/2012/188 - Guidelines - Compliance function (MiFID)
    Topic
    Product governance