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cftc

The Commodity Futures Trading Commission (CFTC) is the federal agency responsible for regulating the futures and options markets in the United States. Established in 1974, the CFTC's main responsibilities are to ensure the transparency, fairness, and effective operation of the markets, and to protect market participants from fraud, manipulation, and abusive practices. In the cryptocurrency space, the CFTC is responsible for regulating the trading of futures contracts for Bitcoin and other crypto assets, ensuring compliance and stability in these markets.
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The U.S. Clarity Act legislative efforts have collapsed, and cryptocurrency regulation is at a standstill

According to CoinDesk, the Clarity Act, aimed at establishing a clear regulatory framework for cryptocurrency in the United States, has been declared a failure after months of intense negotiations. The bill was originally intended to address the definition of digital assets at the federal level, but it failed to reach the final voting process due to fierce interest group conflicts.Multiple sources indicate that the core reason for the legislative collapse lies in complex jurisdictional conflicts and disputes over terms. The CFTC (Commodity Futures Trading Commission) and SEC (Securities and Exchange Commission) are in disagreement over the management rights of certain digital assets, while lawmakers also struggle to reach a consensus on how to define the legal attributes of NFTs, DeFi protocols, and stablecoins. Despite calls from organizations to eliminate market uncertainty through legislation, a key compromise proposal ultimately could not be reached.The Fintech Association and other industry organizations had previously lobbied actively in support of the bill, hoping to establish clear industry standards. With the failure of this legislation, traditional financial institutions on Wall Street and cryptocurrency projects will continue to face legal gray areas, and the industry's compliance process will thus be forced to delay.

first_img SEC updates cryptocurrency FAQ, stating that token buybacks and network upgrades do not necessarily constitute securities

The U.S. Securities and Exchange Commission's Division of Corporation Finance updated its frequently asked questions document on cryptocurrency assets on Friday, clarifying that token buybacks, network upgrades, and marketing promotions do not automatically make cryptocurrency assets securities. The division stated that announcing a buyback plan for an already functioning cryptocurrency network does not, by itself, make the associated tokens constitute an investment contract; however, for networks that are not yet operational, if the issuer promotes the buyback as a source of returns for holders, this conclusion may not necessarily apply.Regarding the ongoing development issues of cryptocurrency projects after their launch, the document pointed out that once a cryptocurrency system is operational, services used to protect, maintain, improve, or enhance that system and its functions, or to promote network effects, do not fall under the managerial efforts referred to in the Howey test. The existing uses of marketing networks generally do not create profit expectations, and statements regarding future functionalities are similarly true, provided that profit potential is not promoted. The document reiterated that specific judgments still heavily depend on the actual circumstances of each case.This document is based on the interpretive guidance issued by the SEC in March of this year regarding the application of securities laws to cryptocurrency assets, released just weeks after the Clarity Act failed to advance in the Senate, with regulators continuing to operate under existing laws. Additionally, the U.S. Commodity Futures Trading Commission updated its cryptocurrency FAQs on Thursday, stating that futures companies and clearinghouses may invest customer funds in tokenized versions of previously permitted assets, provided that investment and custody requirements are met; regulated companies may use blockchain for record-keeping but must be able to provide relevant records when the blockchain or its block explorer is not operational.

first_img Democratic members of the U.S. Senate Banking Committee call for a public hearing on prediction markets

Democratic members of the U.S. Senate Banking Committee sent a letter to the committee's chairman, Republican Senator Tim Scott, calling for a congressional hearing on prediction markets. The Democrats stated in the letter that the committee has a "critical oversight responsibility" in regulating prediction markets and emphasized that Congress should examine prediction markets through public hearings on a bipartisan basis, rather than in closed-door roundtable meetings limited to Republicans and industry-friendly discussions. Senators including Elizabeth Warren signed the letter.On the same day, Republican members of the Senate Banking Committee met with Tarek Mansour, CEO of the prediction market platform Kalshi. Scott stated in a statement to The Block that he convened Republican lawmakers to meet with Kalshi to better understand the opportunities and challenges presented by securities-linked products. The two sides discussed keeping innovation within the United States, how investors use these products, protecting retail investors, and regulatory issues that Congress should address. Kalshi did not immediately respond to a request for comment.Currently, the U.S. Commodity Futures Trading Commission (CFTC) advocates for a leading role in the regulation of prediction markets but faces opposition from various states, which claim jurisdiction over sports event contracts. The Senate Banking Committee, on the other hand, has jurisdiction over the SEC and is responsible for regulating "securities-linked products" related to prediction markets. Democrats pointed out that the bets offered by such products, which are linked to company performance metrics, may fall under the SEC's regulatory scope. It has been reported that Cboe Global Markets is seeking SEC approval for its listing of "all-or-nothing options" linked to company earnings results.

first_img CFTC Chairman Selig: The market needs to be ready for large-scale tokenization and 24/7 trading

Michael Selig, the chairman of the U.S. Commodity Futures Trading Commission (CFTC), stated that regulators need to prepare for "mass tokenization" and adjust existing markets for new technologies such as blockchain and artificial intelligence. Selig mentioned at the U.S. Treasury Market Conference held by the New York Federal Reserve on Tuesday that developments like tokenization, on-chain finance, and 24/7 trading could lead to changes in the financial markets over the next decade that surpass the sum of the past several decades.Selig noted that the entire Trump administration laid the groundwork for the U.S. market to maintain its global leadership by embracing innovation, encouraging competition, and implementing reasonable regulations. The CFTC will also seek more ways to encourage market participants, exchanges, and clearinghouses to responsibly adopt stablecoins. Over the past year, the agency has issued guidance and sought public input on 24/7 trading in the energy derivatives market; in February of this year, the CFTC included stablecoins issued by National Trust Bank in the list of eligible collateral.Meanwhile, the CFTC's sister agency, the U.S. Securities and Exchange Commission (SEC), released the highly anticipated "innovation exemption" last week, creating space for on-chain trading of tokenized stocks. After a bill regulating the cryptocurrency industry stalled in the Senate, the two agencies are advancing their respective agendas.

first_img Kalshi closely follows Coinbase in submitting an application for perpetual futures on U.S. stocks

The prediction market Kalshi has submitted proposed rule changes to the U.S. Securities and Exchange Commission and filed for approval with the CFTC to launch perpetual futures contracts anchored to individual U.S. stocks. This proposal echoes the application submitted by Coinbase on the same day, as both companies aim to introduce popular perpetual futures products from the crypto market into the traditional stock market.According to the proposal, the relevant contracts will not have a preset expiration date and will maintain price consistency with the underlying stocks through periodic funding payments between long and short positions. Kalshi stated that these contracts will be treated as securities futures products and will be cleared through its CFTC-registered clearinghouse, Kalshi Klear. Previously, Kalshi has offered perpetual futures anchored to Bitcoin, Ethereum, Solana, and XRP in the U.S., with its Bitcoin perpetual contract receiving CFTC approval in May of this year.The competition for U.S. stock individual perpetual futures is expanding. Kraken's parent company Payward has also submitted an application through its Bitnomial Exchange, planning to initially offer perpetual futures anchored to 10 U.S. stocks, including Tesla, Nvidia, Apple, Microsoft, and Amazon, and is committed to achieving trading five days a week, 24 hours a day. These applications were submitted after the CLARITY Act failed to advance in the Senate on September 15, with SEC Chairman Paul Atkins stating that regardless of legislation, the agency will act decisively within its existing statutory authority to provide regulatory certainty for investors and entrepreneurs.
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