Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets
Key claim: The CFTC is asking the public for input as it plans to write specialized rules for crypto-asset trades and markets under a Commodity Exchange Act provision covering certain retail commodity transactions.
Abstract
(Proposed Rule · Commodity Futures Trading Commission) The Commodity Futures Trading Commission (“Commission” or “CFTC”) is issuing an advanced notice of proposed rulemaking regarding section 2©(2)(D) of the Commodity Exchange Act (“CEA” or “Act”) to provide notice and seek public comment on its intent to develop and establish fit-for-purpose rules implementing section 2©(2)(D) of the Act with respect to transactions and markets in crypto assets.
Why this matters
This is the CFTC’s first formal step toward a bespoke crypto-asset market rulebook, staking out jurisdiction via the Commodity Exchange Act’s retail commodity transaction authority rather than waiting for market-structure legislation. It opens a CFTC-side track that could parallel — or collide with — the SEC’s Regulation Crypto Assets proposal and pending digital-commodity legislation, shaping how crypto trading venues, intermediaries, and leveraged retail products are supervised.