CFTC seeks comment on a federal framework for retail crypto asset trading

The US Commodity Futures Trading Commission published an advance notice of proposed rulemaking on 5 October 2026, asking for public comment on a planned regulatory framework for retail commodity transactions in crypto assets.

What the CFTC is consulting on

The notice concerns section 2(c)(2)(D) of the Commodity Exchange Act, which covers certain retail commodity transactions. The CFTC calls the crypto asset transactions that fall under it CTXs and says it intends to build a set of rules designed specifically for them, under the working titles Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets.

The commission asks, among other things, how it can:

• prevent abusive practices in crypto asset markets and in CTXs under a single national regime;
• give market participants crypto-specific guidance on practices it regards as industry best practice for meeting the existing requirements, drawing on its oversight of parts of the crypto market since 2014;
• create, by rule, a new subcategory of designated contract market registration, called a crypto asset market, built specifically for CTXs.

Chairman Michael S. Selig described the notice as the start of a series of new rulemakings using the CFTC’s existing statutory powers. “The American people deserve clarity, certainty, and consumer protections in the crypto asset markets,” he said. He also said the aim is to prevent fraudulent schemes such as FTX rather than only prosecute them afterwards.

What it means for traders and platforms

An advance notice is the earliest stage of rulemaking. It does not change any rule today, and the CFTC says it will use the comments to inform possible future action, such as a formal proposal. For crypto exchanges, brokers and retail-facing platforms serving US customers, the questions on a dedicated crypto asset market registration are the ones to watch, because they could shape which venues may offer retail crypto trading under CFTC oversight.

Until any rules are final, traders should keep checking that a platform is properly registered before depositing money; our guide on how to check a broker licence explains how.

What happens next

Written comments must be received within 60 days of the notice’s publication in the Federal Register. Comments will be filed and posted on Regulations.gov.