Risk Disclosures
Last updated: January 2024
This risk disclosure provides a description of certain risks associated with holding or trading digital assets. The disclosures below do not disclose or explain all the risks involved, there may be additional risks that are not foreseen or identified. You acknowledge and accept these risks and will not hold Cy Creek Bank C.A. (“Cy Creek Bank”) responsible for losses arising from such risks.
Blockchain/digital asset risks
Cy Creek Bank has no control over the blockchains and markets in which digital assets are purchased and traded, and such may be subject to technology flaws, manipulations, hacks, double spending, “51%” attacks, other attacks, and operational limitations.
Cy Creek Bank does not control and makes no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that may impact you or your digital assets.
Advancements in cryptography could render current cryptography algorithms utilized by a Blockchain supporting a specific digital asset inoperative.
The nature of digital assets may lead to an increased risk of fraud or cyber-attack.
The nature of digital assets means that technological difficulties experienced by Cy Creek Bank or third parties may prevent the access to or use of your digital assets.
Transactions in digital assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
Some digital asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that transaction was initiated.
Legal and regulatory uncertainty
Digital Assets may not be legal tender and are not backed by any government.
Judicial orders, legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, operability and/or value of digital assets.
Valuation issues | Volatility | No or limited liquidity
The price and liquidity of digital assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future.
The value of digital assets may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for digital assets, which may result in the potential for permanent and total loss of value of a particular digital asset should the market for that digital asset disappear.
There is no assurance that a person who accepts digital assets as payment today will continue to do so in the future.
Due to the volatility and unpredictability of the price of digital assets relative to fiat currency trading and owning digital assets may result in significant loss over a short period of time.
The price of stablecoins may fluctuate in value, including below the price at which they are designed to track. Additionally, there is no guarantee that the ability to convert fiat currency into stablecoins or stablecoins into fiat currency will be available at any particular time, and such convertibility may be suspended, disrupted or permanently lost.
Cy Creek Bank does not control and makes no guarantee as to the availability of fiat currency “on ramps” and “off ramps” or the ability to convert or exchange between digital assets and fiat currency.
No investment advice, recommendations or tax advice
Cy Creek Bank does not provide investment advice or exercise investment discretion. You are responsible for and capable of evaluating transaction and investment risks independently, both in general and with regard to all transactions and investment strategies. You are solely responsible for, and Cy Creek Bank has no involvement in, determining whether any digital asset transaction (whether an investment or otherwise), investment strategy, or related transaction is appropriate for you. You are familiar with and are capable of evaluating the investment risks of digital assets independently or you agree to consult your own advisors in respect of legal, regulatory, business, investment, financial tax and accounting matters and have made your decisions without reliance on Cy Creek Bank. Cy Creek Bank does not provide investment or tax advice or exercise any investment discretion on your behalf. Nothing on Cy Creek Bank’s website is an offer to sell, a solicitation of an offer to buy or a recommendation for any digital asset by Cy Creek Bank.
Bankruptcy treatment | Digital asset holdings are not covered by deposit or securities investor protection | Brokerage not regulated
You should note that balances at Cy Creek Bank entities that custody assets such as Cy Creek Bank may not be considered “deposits,” as that term may be used under the applicable laws, rules, or regulations in your jurisdiction.
In particular, Digital assets in your custody accounts are not subject to deposit insurance protection of the Federal Deposit Insurance Corporation and may not be subject to the protection afforded customers under the Securities Investor Protection Act of 1970, as amended.
Any bond, insurance or trust account maintained by the relevant Cy Creek Bank for the benefit of its customers may not be sufficient to cover all losses incurred by you.
Fiat currency balances may be maintained in accounts established with third-party depository institutions and subject to standard commercial terms. The relevant Cy Creek Bank entity maintaining the account acts as agent in respect of the establishment and operation of such accounts, and does not undertake any duties or liabilities beyond those of an agent. To the maximum extent permitted by applicable law, Cy Creek Bank shall not be liable to you for any losses arising from acts, omissions, failure or insolvency of any third-party depository institution that maintains accounts to hold your fiat currency balances.
Cy Creek Bank LTD is not registered as a broker dealer under Canada federal law or as a state trust under any Canada states laws. Any claims against Cy Creek Bank LTD following a bankruptcy would constitute those of a general unsecured creditor.
Issuer actions | Third party actions
Cy Creek Bank will not monitor digital assets for actions taken by the issuer of such digital asset, which may include an issuer instruction requiring the transfer of a digital asset to a certain location. For the avoidance of doubt, you are solely responsible for actions of the issuer of a digital asset.
Cy Creek Bank may maintain fiat currency balances in accounts established with third-party depository institutions and subject to standard commercial terms. Cy Creek Bank is not liable to you for any losses arising from acts, omissions, failure or insolvency of any third-party depository institution that maintains accounts to hold you fiat currency balances.
Select Regulator Advisories
NFA - https://www.nfa.futures.org/investors/investor-advisory.html
NFA DOES NOT HAVE REGULATORY OVERSIGHT AUTHORITY OVER UNDERLYING OR SPOT VIRTUAL CURRENCY PRODUCTS OR TRANSACTIONS OR VIRTUAL CURRENCY EXCHANGES, CUSTODIANS OR MARKETS.
FINRA - https://www.finra.org/investors/insights/bitcoin-basics
SEC - https://www.sec.gov/oiea/investor-alerts-bulletins/investoralertsia_bitcoin
