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[BUSINESS] · United States · 19 sources

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CFTC proposes federal regulatory framework for crypto markets

The U.S. Commodity Futures Trading Commission (CFTC) has initiated a process to establish a federal regulatory framework for cryptocurrency markets, following the failure of the CLARITY Act in Congress. The agency published an Advance Notice of Proposed Rulemaking (ANPRM) to solicit public feedback on two primary frameworks: Regulation Crypto Asset Transactions (CTX) and Regulation Crypto Asset Markets (CAM).

The proposed rules specifically target retail crypto transactions involving leverage, margin, or financing. Under the proposal, Regulation CAM would create a new registration category for exchanges to operate as federally regulated 'crypto asset markets.' This would offer a voluntary federal alternative to state-level money transmitter licenses. Notably, the CFTC suggests that merely offering leverage could bring even fully paid trades under federal oversight unless customers maintain actual delivery via private keys.

CFTC Chairman Michael Selig stated the initiative aims to provide market clarity and consumer protection while ensuring the U.S. remains a global leader in digital assets. The framework includes considerations for proof-of-reserves requirements and measures to prevent market manipulation. While the CFTC seeks to regulate leveraged markets, pure spot exchanges may continue to operate under state-level oversight, though the CFTC maintains anti-fraud and anti-manipulation authority over those transactions.

The proposal has faced criticism from the nonprofit Better Markets, which argues that the CFTC is the wrong regulator for retail crypto, suggesting that oversight by the Securities and Exchange Commission (SEC) would provide stronger investor protections.

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Better Markets · Commodity Futures Trading Commission · FTX · Michael Selig · Paul Atkins · Securities and Exchange Commission · United States

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