Legal rights are an important characteristic of assets such as voluntary carbon credits (VCCs). VCCs are generally not tangible assets. Rather, they are digital units issued by a crediting programme to represent a verified emission reduction or removal in accordance with the programme's applicable rules and methodologies.
The legal rights associated with a carbon credit may derive from the laws and regulations applicable in the relevant jurisdiction and, where applicable, from other legally recognised rights or interests. These rights may therefore vary between jurisdictions.
Verified carbon credits are issued and recorded by independent standards and registries. Each verified carbon credit is assigned a unique serial number upon issuance and is therefore individually identified rather than being an unallocated commodity.
Spot VCCs are generally not regulated as financial instruments under the EU Markets in Financial Instruments Directive (MiFID) or, where applicable, as specified investments under the UK's financial services regulatory framework. However, derivatives and other financial products referencing VCCs may fall within the scope of financial services regulation, depending on their structure and the applicable jurisdiction.
BidCarbon Removal Units (BRUs) are classified by the BidCarbon Foundation as non-financial products. This classification does not constitute a determination that a BRU or any transaction involving a BRU is outside the scope of financial services regulation in every jurisdiction.
The BidCarbon Foundation does not:
● provide financial advice in relation to BidCarbon Units;
● act as a buyer or seller of BidCarbon Units for its own account;
● provide dealing or investment services in BidCarbon Units on behalf of another person;
● operate or market derivatives of BidCarbon Units as financial products;
● operate a registered managed investment scheme; or
● provide custodial or depository services for BidCarbon Units.
The BidCarbon Foundation recommends that persons considering the acquisition, sale or other transfer of BidCarbon Units obtain independent professional advice appropriate to their circumstances and the jurisdiction in which the transaction takes place.
For more information, see our Statement on the Legal Characteristics of BidCarbon Units.
BidCarbon Units as non-financial products