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CFTC chair says crypto exchanges are opting into federal rules

CFTC Chairman Michael Selig told CNBC that major crypto exchanges and new firms want to register under the agency's new framework, as hopes for a market structure law fade.

Illustration of a government regulator's desk with documents about cryptocurrency market rules

Key takeaways

  • CFTC Chairman Michael Selig says major crypto exchanges and new entrants want to register under the agency's federal crypto framework.
  • The rules followed the Senate's failure to advance the Clarity Act on 15 September, with the CFTC and SEC using existing statutory powers.
  • Democrats' 2026 midterm gains are expected to bring greater congressional scrutiny of crypto regulation and Trump's crypto ties in 2027.
  • Selig says the CFTC will defend its exclusive jurisdiction over prediction markets up to the Supreme Court if needed.
In this article
  1. What Selig told CNBC
  2. How the rules came about
  3. Political headwinds in 2027
  4. The prediction markets dispute
  5. Why it matters

What Selig told CNBC

Commodity Futures Trading Commission Chairman Michael Selig said in an interview with CNBC, given at the Cantor Convergence fintech conference in Miami Beach, that interest in the agency's crypto framework is growing. According to CNBC, he said many large crypto exchanges are already registered with the CFTC because they trade derivatives, and could now add spot trading, the direct buying and selling of the assets themselves.

He also said new firms are drawn to a single federal licence rather than a patchwork of state rules. In his words, signing up with 50 different state regimes is tough, and some newcomers would rather come to one regulator and get a licence at the CFTC.

How the rules came about

Illustration: market trend, crypto, law, news and the labels CFTC, Michael Selig, Crypto Regulation

The CFTC published an advance notice on 5 October seeking comment on a framework for retail crypto commodity transactions. The move came after the Senate failed on 15 September to advance the Clarity Act, a broad market structure bill for digital assets.

With legislation stalled, the CFTC and the Securities and Exchange Commission have used their existing legal powers to build federal frameworks. In October the CFTC proposed rules aimed at preventing market abuse and bringing crypto transactions under a federal rulebook. Selig called the step critical in keeping the United States the crypto capital of the world, according to the agency's announcement.

Selig told CNBC the oversight is opt-in for exchanges that do not currently offer margin, leverage or financing, which state regimes do not permit. He said the agency's statute lets it register exchanges offering margined, leveraged or financed crypto trading, and that it is using that authority to let existing exchanges add these products under a regulated framework.

Political headwinds in 2027

The framework may face a harder audience soon. CNBC reports that Democrats' gains in the 2026 midterms are expected to give the party control of the House and Senate, bringing greater scrutiny of crypto regulation and of President Donald Trump's crypto ties in 2027.

Selig said Congress will investigate where it needs to, and that he is happy to answer any questions lawmakers have, noting he has already appeared before committees several times.

Democrats have criticised Selig on other fronts too. In February, 23 Democratic senators sent him a letter urging a reversal of the agency's approval of prediction markets, which let people bet on events.

The prediction markets dispute

The CFTC classifies event contracts as swaps and has sued several states to defend what it sees as its exclusive jurisdiction over them.

According to CNBC, Selig said the agency is prepared to take the dispute to the Supreme Court if necessary. He said the CFTC will not allow states to sue its exchanges with claims that they run unlicensed gambling.

Why it matters

For crypto firms, the CFTC's framework offers a federal route to legitimacy without waiting for Congress. Exchanges already registered for derivatives could expand into spot trading, and start-ups could avoid dealing with dozens of state regulators.

The trade-off is political risk. A divided Congress in 2027 could investigate the agency's approach, and the prediction markets fight shows the CFTC's authority is contested. Selig said the agency will keep protecting markets and customers in the absence of new legislation, while holding accountable those who commit fraud.

Sources

  1. CFTC Chair Selig tells CNBC crypto industry is embracing agency rules as legislation hopes fadeCNBC Technology

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