CFTC and SEC Seek Comment on Derivatives Definitions as CME Sues CFTC Over Perpetual Futures
The Commodity Futures Trading Commission and Securities and Exchange Commission issued a joint request for public comment on Thursday on updating and clarifying how they define key derivatives definitions, touching on th...
Watchlist
Archive context. The story has cross-source confirmation.
The Commodity Futures Trading Commission and Securities and Exchange Commission issued a joint request for public comment on Thursday on updating and clarifying how they define key derivatives definitions, touching on the same legal question now being litigated in CME‘s lawsuit against the CFTC.
The request seeks input on whether greater clarity is needed on Title VII derivatives definitions, including the treatment of swaps, security-based swaps, mixed swaps, and novel products such as cash-settled perpetual contracts and event contracts.
“Today’s joint request for public comment presents an opportunity to address longstanding ambiguities within Title VII of Dodd-Frank that have stifled fair competition and responsible innovation,” CFTC Chairman Michael Selig said. SEC Chairman Paul Atkins said clarification was “long overdue” on Title VII definitional issues, specifically citing event-based products. The comment period runs 60 days after publication in the Federal Register.
The request arrives directly on the heels of a legal fight over that very definition. CME Group sued the CFTC on Thursday over its decision to approve Kalshi‘s perpetual futures as futures contracts. CME’s complaint alleges that in approving the products, Selig overrode the established definition of a swap and sidestepped the regulatory regime that should apply, letting new entrants compete for CME’s retail futures customers. CEO Terrence Duffy had argued earlier in the week that perpetual futures, in which two parties exchange ongoing payments, meet the Dodd-Frank definition of a swap rather than a future.
The two developments pull in opposite directions on the same issue. CME is asking a court to find that the CFTC misclassified perpetuals, while the CFTC and SEC are inviting the public to help redraw the definitional lines administratively. The CFTC told reporters it intends to seek dismissal of CME’s suit, characterizing it as running counter to the Trump administration’s pro-innovation agenda. How the “swap” question resolves, in court, through rulemaking, or both, will shape which regulator oversees perpetual futures and prediction-market contracts, and under what rules new entrants can enter the US derivatives market.
Update, Friday, June 19, 2026, 4:50pm ET: The original version of the article misstated the scope of the request for comment.
Related Listen: Why AI Censorship and Reg NMS Repeal Matter for Crypto Markets: DEX in the City {"@context":"http:\/\/schema.org\/","@id":"https:\/\/unchainedcrypto.com\/cftc-and-sec-seek-comment-on-defining-swaps-as-cme-sues-the-cftc-over-the-same-question\/#arve-youtube-g1nfiducueu","type":"VideoObject","embedURL":"https:\/\/www.youtube-nocookie.com\/embed\/g1NFIDucUEU?feature=oembed&iv_load_policy=3&modestbranding=1&rel=0&autohide=1&playsinline=1&autoplay=0"}
The post CFTC and SEC Seek Comment on Derivatives Definitions as CME Sues CFTC Over Perpetual Futures appeared first on Unchained.
Why this matters
CFTC is showing up inside the Regulation theme, so this story is worth tracking for follow-through rather than treating it as a one-off headline.
Original source
Read on UnchainedRelated market context
Hyperliquid seeks US regulatory approval for perpetual futures offering
Hyperliquid's regulatory pursuit could significantly influence the U.S. crypto derivatives landscape, potentially boosting market...
CFTC to join SEC in exploring crypto regulations without CLARITY bill
The CFTC will hold a meeting for its Innovation Advisory Committee on Aug. 20 to address regulation related to crypto assets, arti...
Coinbase Launching 170+ Derivatives Contracts for UK Professionals
Coinbase will open more than 170 derivative contracts to eligible UK professional investors, with leverage of up to 50x. The offer...
Kalshi seeks $40 billion valuation in new $750 million funding round
Kalshi is reportedly discussing a funding round of at least $750 million at a $40 billion valuation with Sequoia Capital and Welli...
Bitcoin Price Prediction: Can $63K Hold as Whales Keep Selling?
Today’s Bitcoin price prediction sits at $63,500, down around -0.6% on the day, and is still unable to clear the $65,000 ceiling t...
Prediction markets should dial back faulty filings for incentives to boost trading: CFTC
The U.S. regulator of platforms such as Kalshi and Polymarket suggests the industry is getting into bad compliance habits that may...