The Commodity Futures Trading Commission issued an advance notice of proposed rulemaking on 5 October 2026, released as CFTC Release Number 9307-26 and titled Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets. The notice comes before any proposed rule text. It opens a comment round that the Commission says will inform possible future action, including a rulemaking.
The notice addresses retail commodity transactions in crypto assets under section 2(c)(2)(D) of the Commodity Exchange Act, which the Commission abbreviates as CTXs. Three questions are put to commenters: how to prevent abusive practices in crypto asset markets and CTXs under a uniform national regime; which commonly accepted industry practices the Commission should treat as best practice for complying with CTX requirements; and whether to codify a subcategory of designated contract market registration, called a crypto asset market, built specifically for CTXs.
Venues offering retail crypto positions that fall under section 2(c)(2)(D), designated contract markets listing crypto products, and futures commission merchants carrying those positions are the participants a crypto asset market registration subcategory would reach. The Commission is asking those participants to identify the practices it should recognise as accepted, so this comment round shapes the compliance baseline before any rule text exists.
Written comments are due within 60 days of the notice's publication in the Federal Register, and will be posted on Regulations.gov. The Commission has not published proposed rule text and has not committed to a rulemaking. Registration thresholds, capital treatment and the perimeter of the crypto asset market category would be settled at the proposed rule stage.
Licentium advises crypto trading venues, brokers and token issuers on United States derivatives regulation and on responses to Commission consultations. Work we undertake includes CFTC registration analysis, structuring of retail commodity transactions under the Commodity Exchange Act, and preparation of comment letters on advance notices and proposed rules.