CFTC and SEC seek comments on crypto perps definitions

The Commodity Futures Trading Commission and Securities and Exchange Commission opened a public comment period on June 18 to define swaps, mixed swaps, and event contracts. The process will shape oversight of crypto perpetual futures and prediction markets.

The agencies issued the joint request under Title VII of Dodd-Frank, which divides regulatory authority between the two bodies. Product labels will decide which regulator oversees a contract, which venues can list it, and what compliance rules apply.

The comment period runs for 60 days after the notice appears in the Federal Register. Industry groups, exchanges, and market participants can submit views on perpetual contracts, event products, and alternative compliance paths.

KalshiEX received CFTC approval for its BTCPERP contract on May 29. A separate lawsuit filed by CME challenges that classification and tests how prediction-market platforms fit into futures rules.

The agencies also released a March harmonization memorandum that commits them to coordinate on crypto definitions while preserving each body's statutory powers.

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Illustration of CFTC officials discussing prediction market regulations in a conference room.
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CFTC proposes first rules for prediction markets

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The Commodity Futures Trading Commission issued its initial proposed rulemaking on prediction markets Wednesday. The rules aim to clarify which event contracts qualify as being in the public interest under federal law.

The Commodity Futures Trading Commission approved the first US-regulated bitcoin perpetual futures contract on Friday. KalshiEX LLC received permission to list BTCPERP, a cash-settled contract with no expiration date. The agency also issued guidance allowing Coinbase Financial Markets to route US customers to certain Deribit products.

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Outgoing CME chief executive Terrence Duffy said the company will file a lawsuit against the CFTC after the regulator approved perpetual futures products earlier this month. Duffy argued that the products do not qualify as futures under the Dodd-Frank Act. The CFTC responded by calling the planned action frivolous.

Minnesota lawmakers have advanced legislation aimed at restricting prediction markets such as Kalshi and Polymarket, setting up a clash with the Commodity Futures Trading Commission, which argues federal law gives it exclusive authority over many of those products.

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The Securities and Exchange Commission submitted a proposal on June 11 to rescind Rule 611 and Rule 610(e) of Regulation NMS. The move targets long-standing requirements on trade-throughs and locked quotes in US equity markets. It could ease barriers for blockchain-based trading of tokenized stocks.

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