Thailand Expands Derivatives Law to Include Digital Assets and Carbon Credits

Introduction: The Mainstreaming of Alternative Risk Factors

Over the past ten years, the global derivatives markets have changed in a big way, but not in a loud way. Today, institutional investors often come across derivatives that are based on things like volatility, weather patterns, freight rates, and more recently, digital assets and environmental instruments. This growth shows that more people are realizing that building a modern portfolio and managing corporate risk need to include new types of risk and return.

Thailand digital asset derivatives has been paying attention to this change and how it affects both its opportunities and its rules. The Thai Cabinet approved a proposal from the Ministry of Finance on February 10, 2026, to add more types of underlying assets to the Derivatives Act B.E. 2546 (2003). The Securities and Exchange Commission Thailand, which oversees the derivatives framework, is now getting ready to send out the necessary regulatory notices to make this expansion happen.

At first glance, this looks like a normal administrative update, like adding new items to an existing schedule. That way of looking at it would not be complete and these changes will affect institutional participation, risk infrastructure, and Thailand’s place in Asia’s competitive financial landscape. This article looks at what changed, why the difference is important, and how this move fits with and goes against trends in the region.

I. What Changed: Two Different Regulatory Moves

The approval in February 2026 includes two separate changes to the underlying framework that the Derivatives Act regulates. Even though they were announced at the same time, they deal with different market functions and use different legal methods.

A. Digital Assets as Basic Goods

The first amendment adds digital assets to the list of regulated underlying goods. Under the Emergency Decree on Digital Asset Businesses B.E., these are cryptocurrencies and digital tokens. 2561—to the list of regulated underlying goods . This designation means that regulated exchanges, like the Thailand Futures Exchange Public Company Limited (TFEX), can now trade derivatives contracts that reference Bitcoin, Ethereum, or other digital assets that meet the requirements.

Before this change, digital asset derivatives were in a gray area of supervision. Thai residents could trade crypto futures on offshore platforms without any licensing from the government. Digital asset exchanges in Thailand were not allowed to list derivatives products. The amendment fixes this by making the law clear: anyone who wants to offer digital asset derivatives must get the right derivatives business license and follow the rules of the Derivatives Act, which include using a central counterparty clearing house.

The SEC has said that it will work with TFEX to create contract specifications that are appropriate for the risks that come with digital assets. This level of involvement shows that the institution is serious rather than just trying to promote something.

B. Carbon Credits Changed from Variables to Goods

The second amendment has to do with tools for protecting the environment. Before 2026, carbon credits were already included as regulated underlyings. But they were called “variables” instead of “goods.” This difference, while technical, is important.

Section 3 of the Derivatives Act says that derivatives that reference variables can only be settled in cash. You can’t deliver things in person. On the other hand, derivatives that refer to goods can be set up for either cash settlement or physical delivery. So, changing the status of carbon credits to goods makes it possible to make carbon credit futures that can be delivered physically.

Ekniti Nitithanprapas, the finance minister, said that the move was a way to get ready for the future. Thailand digital asset derivatives’s carbon market is still voluntary, and prices are currently lower than global benchmarks. Setting up physically settled futures infrastructure before the law goes into effect lets people in the market make pricing curves and hedging strategies before they have to follow the rules.

II. The Effect of Structure on Digital Asset Markets

These platforms usually don’t keep client assets separate in Thai-licensed custodians, don’t report to Thai regulators, and don’t make the local market deeper. Historically, the regulatory response has been reactive, mostly through warnings to investors and, more recently, through the “long-arm” provisions of the Second Emergency Decree, which require foreign platforms that serve Thai users to get licenses.

The derivatives amendment changes the way things work from restriction to substitution. By allowing crypto futures to be traded on TFEX, regulators make it possible for people in the US to trade them in a safe, regulated way. Now, licensed digital asset exchanges that want to offer derivatives must also get derivatives exchange or derivatives dealer licenses. This puts them under the Derivatives Act’s clearing and reporting requirements.

There are a number of structural effects that follow.

First, the presence of exchange-traded futures enables price discovery within a regulated order book, as opposed to reliance on offshore reference rates. Second, institutional investors, like mutual funds and private funds, have to follow rules that often stop them from directly holding unregulated spot crypto assets but let them hold regulated exchange-traded derivatives. The SEC has said that under the new rules, institutional funds can put up to 5% of their diversified portfolios into digital assets. Third, the SEC plans to put market-making mechanisms in place in 2026. These will address liquidity depth and bid-ask spread compression as planned policy goals rather than as an afterthought.

The amendment does not allow people to trade crypto derivatives without protections, which is important. The focus of regulators is still on structured contracts, central clearing, and licensed intermediaries. These are the things that set this framework apart from the unregulated offshore margin platforms that have been the most popular way for people in Asia to online trade crypto derivatives.

III. Carbon Futures and the Financialization of Environmental Policy

The reclassification of carbon credits as goods requires distinct analytical scrutiny due to its divergent regulatory framework compared to digital assets. Where digital asset derivatives address investor access and market integrity, carbon derivatives address corporate risk management and climate policy implementation.

The voluntary carbon market in Thailand doesn’t have much liquidity or price discovery right now. Prices are still much lower than what they are on the global compliance market. This is normal for voluntary markets, where demand is up to the buyer and quality varies. 

The choice to allow physically delivered carbon credit futures shows that people are ready for this change. Cash-settled futures that are based on carbon indices can give you exposure to price changes, but they don’t help you meet your compliance obligation. Physical delivery capability is therefore not a product enhancement; it is a prerequisite for futures to function as effective hedging instruments in a compliance environment. This is more than just a new way to make money. It is the building of price discovery infrastructure for a market that doesn’t yet exist in a mature form, but that policy wants to create. 

IV. Regional Positioning: Adjusted Integration

For many years, the Monetary Authority of Singapore has let licensed exchanges list crypto derivatives. However, MAS has kept strict limits on retail access and has given priority to channels for accredited investors. Hong Kong has made it mandatory for virtual asset trading platforms to get a license and allowed retail access under certain conditions. However, its derivatives framework for digital assets is still not as well developed as its spot market regulation. Thailand has made more progress than most of its neighbors in allowing physically delivered carbon futures.

V. Risks and Unanswered Questions

The changes make it legal, but they don’t guarantee that the market will work. The most important practical issue is liquidity depth. TFEX is a well-regulated exchange that already has equity index and bond futures. However, crypto derivatives are a completely new type of product for the venue. Designing contracts adds another level of difficulty. The lack of set contract terms suggests that regulators are still working on getting this balance right. 

VI. Conclusion: Infrastructure as a Signal

Thailand digital asset derivatives expansion in February 2026 should not be seen as a separate policy announcement but rather as a signal for infrastructure.  The treatment is important because it is so common. The same rules that apply to equity index futures and gold futures will also apply to digital asset derivatives. This means that they will have to go through central clearing, licensing, and reporting. This is not regulatory exceptionalism; it is regulatory normalization.

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