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CFTC opens rulemaking on retail crypto asset transactions

Commodities Monday, October 5, 2026 · Updated Oct 5, 2026 19:06

The CFTC published an Advanced Notice of Proposed Rulemaking on Oct 5 seeking public comment on a comprehensive framework for retail crypto asset transactions under CEA section 2(c)(2)(D), including a purpose-built crypto asset market registration subcategory.

Why it matters: It is the first formal step toward bringing leveraged retail crypto trading venues inside the CFTC's national market regulatory perimeter, with implications for how digital-asset derivatives are registered and supervised.

Data as of CFTC release Oct 5, 2026; Bloomberg reporting Oct 5, 16:21 UTC; comment deadline ~60 days after Federal Register publication (unconfirmed)

The Commodity Futures Trading Commission published Advanced Notice of Proposed Rulemaking 9307-26 on Oct 5, 2026, seeking public comment on its intent to establish fit-for-purpose rules for section 2(c)(2)(D) of the Commodity Exchange Act and the retail commodity transactions described thereunder involving crypto assets, termed “CTXs.” Among other topics, the ANPRM solicits comment on preventing abusive practices under a uniform national regime, providing crypto-specific guidance reflecting industry best practices the Commission has observed since 2014, and codifying through rulemaking a subcategory of designated contract market registration, known as a “crypto asset market,” purpose-built for CTXs.

Chairman Michael S. Selig called the action “a critical step in the CFTC’s ongoing efforts to ensure America remains the crypto capital of the world,” and said the agency would act under President Trump’s directive to propose a federal crypto asset regulatory market structure using the CFTC’s existing statutory authorities, with regulations “designed to prevent, rather than only prosecute after the fact, fraudulent schemes such as FTX.”

Bloomberg reported the proposal as requiring registration of crypto exchanges offering leverage, a headline-level angle not detailed in the CFTC release text reviewed. Comments must be in writing and received within 60 days of the ANPRM’s publication in the Federal Register, and will be posted on Regulations.gov. The exact comment deadline is unconfirmed pending Federal Register publication. The rulemaking concerns the digital-asset regulatory perimeter rather than physical commodity markets.

Sources

  1. CFTC Seeks Public Comment on Advanced Notice of Proposed Rulemaking Relating to Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets · CFTC · 2026-10-05
  2. CFTC Proposes Registering Crypto Exchanges Offering Leverage · Bloomberg · 2026-10-05