CFTC Signals Swift Crypto Rulemaking if Congress Stalls Clarity Act

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CFTC Chair Michael Selig has directed staff to develop a crypto rulemaking framework using existing agency powers, signaling the CFTC may act unilaterally if Congress fails to pass the Clarity Act. The plan would extend oversight to crypto exchanges and existing registrants and could permit tailored leveraged and margined trading, raising regulatory risk for CEXs, DEXs and DeFi projects while influencing security, adoption and market structure.
The Commodity Futures Trading Commission has begun preparing crypto market rules as lawmakers struggle to advance the Clarity Act. CFTC Chair Michael Selig directed agency staff to develop a framework using existing regulatory powers. The move signals that regulators could act independently if Congress fails to deliver legislation.
CFTC Plans Alternative Path
Selig still favors bipartisan legislation because it could provide clearer and more durable market rules. However, continued delays could push the agency toward unilateral action. Consequently, CFTC officials could move quickly once they determine the framework can withstand legal scrutiny.
The proposed approach could bring crypto exchanges and existing CFTC registrants under broader oversight. Additionally, eligible platforms could offer leveraged and margined digital asset trading under tailored requirements.
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