The U.S. Commodity Futures Trading Commission issued a notice Thursday updating its frequently asked questions for registered crypto‑related entities. The amendment revises guidance first released in March.
The revised guidance states that authorized companies may invest customer funds in tokenized forms of assets, provided the token grants legal and economic rights that are the same or functionally equivalent to those of the underlying traditional asset. The commission also indicated it would not object to the use of blockchain‑based systems for recordkeeping under the new rules.
CFTC Chair Michael Selig said the changes are intended to provide regulatory clarity for the crypto industry.
The update follows the U.S. Senate’s failure to advance the Digital Asset Market Clarity (CLARITY) Act, legislation that sought to delineate the oversight responsibilities of the CFTC and the Securities and Exchange Commission. Analysts expect that, without congressional action, comprehensive crypto market‑structure legislation is unlikely before 2027, prompting regulators to move forward through rulemaking.
The CFTC has already submitted a crypto market regulation plan to the White House for review. SEC Chair Paul Atkins, speaking before the CLARITY vote, said the agency is "ready, willing, and able" to propose its own rules on crypto in the absence of legislation, noting that the SEC proposed rules on certain investment contracts involving crypto assets in August.
