Karsten Wenzlaff, Advisor
August 26th, 2025
Karsten Wenzlaff is a Crowdfunding and Fintech Expert from Germany. He is Secretary-General of Digit[...]
US Crypto Rules To Clarify Onshore Market Structure
Mar 5, 2026 | NCFA Fintech Market Insight | Digital Assets And Policy And Regulation
Tokenized Collateral Perpetuals And Event Contracts Get Rules
On January 29 2026, at the joint SEC CFTC event in Washington titled CFTC SEC Harmonization U.S. Financial Leadership in the Crypto Era.
CFTC Chair Michael S. Selig’s remarks laid out a detailed US policy direction for crypto market structure. The speech goes past broad support for innovation and points to specific rule work on tokenized collateral, perpetual derivatives, software safe harbours, retail leveraged crypto trading, and event contracts.
SEC Chair Paul S. Atkins’ remarks support the same direction from the SEC side, which is part Project Crypto.
“Fragmented regulation in an integrated market is not a safeguard for investors so much as a source of confusion among them.”
That line from Atkins defines the problem. Unclear boundaries change how firms structure products, where they launch, and how much they spend on compliance before they can scale.
“Project Crypto recognizes that crypto markets span across our agencies’ respective regulatory boundaries.”
Selig starts from the point that crypto products don't fit neatly into older lines between agencies. Clearer lines are needed to cut the cost of operating in uncertainty.
1. Tokenized Collateral And Perpetuals Move Into The Rulebook
“I have directed CFTC staff to develop rules to enable the responsible deployment of additional forms of eligible tokenized collateral.”
Eligible collateral is what a trading venue accepts to back positions. It decides how much margin traders need, how fast funds move, and how safely trades settle. If the CFTC allows more tokenized assets to count as eligible collateral, more crypto trading can happen inside regulated U.S. markets, but custody and collateral movement will need tighter controls and clearer proof that assets are protected and available when they are needed.
“The CFTC will use the tools at its disposal to onshore perpetual and other novel derivative products so that they can flourish across both centralized and decentralized markets, subject to appropriate safeguards.”
Perpetuals are a popular kind of crypto futures that many platforms offer outside the U.S. If U.S. rules start allowing them in a regulated way, more trading, market making, and new product builds can move onshore. That would also make it harder for offshore exchanges to keep growing just because the U.S. has no clear legal path today.
2. Software Builders And Multi Product Platforms Get A Clearer Path
“The CFTC will explore ways in which the agency can encourage innovation in software development and support builders as they work toward product market fit, including by assessing whether an innovation exemption may be appropriate in certain circumstances.”
This targets a hard issue in crypto regulation. Wallets, interfaces, and on chain software do not fit cleanly into rules built around centralized intermediaries. If the CFTC creates clearer room for software development and early stage testing, legal uncertainty will be reduced for teams building core infrastructure.
“As part of this harmonization effort, we will examine whether substituted compliance can achieve equivalent or better regulatory outcomes at lower costs for market participants.”
See: Atkins Testimony Targets IPO Burden And Crypto Rules
This is about cost, duplication, and speed. Overlapping requirements can turn compliance into a barrier to entry. Substituted compliance can cut repeated work where two regimes are trying to solve the same control problem.
“Within the bounds of the law and where appropriate, market participants should be able to offer multiple products through a single platform without navigating an inefficient patchwork of registrations and overlapping regulatory regimes.”
This points to a model where firms can run more of their product stack under one platform instead of splitting activity across separate legal and operational silos. That can improve operating leverage for exchanges, brokers, and infrastructure firms that want to offer more than one regulated product. Also see broader SEC direction in Atkins crypto rules testimony.
3. Retail Leveraged Crypto And Event Contracts (eg. Prediction Markets) Get A Reset
“I have directed CFTC staff to begin drafting rules clarifying when leveraged, margined, or financed retail commodity transactions in crypto may be offered off-exchange under an ‘actual delivery’ exception.”
Retail users can already get leveraged crypto in some places, but U.S. rules have left big gaps in what is clearly allowed. If the CFTC writes clearer rules, firms will know which leverage products they can offer, which ones are off limits, and what steps they must follow to stay compliant.
“I have directed CFTC staff to explore the creation of a new category of DCM registration that is tailored specifically to retail leveraged, margined, or financed crypto asset trading.”
This suggests the CFTC may create a new kind of regulated exchange category built specifically for retail leveraged crypto trading. If it does, firms will be able to design products and go to market using a clearer venue rulebook, and exchanges will compete on who can offer the best compliant access and distribution.
“First, I have directed CFTC staff to withdraw the 2024 event contracts rule proposal that would prohibit political and sports-related event contracts and the 2025 staff advisory.”
This removes a major source of uncertainty around prediction markets.
“Second, looking ahead, and in the spirit of markets that trade on expectations, I have directed CFTC staff to move forward with drafting an event contracts rulemaking.”
Withdrawing the old proposal reduces near term uncertainty, but new event contract regulations would spell out which event-based contracts are allowed, what monitoring and controls platforms must run, and how firms can build prediction style products without guessing where the line is.
What This Means For Builders And Investors
These speech commitments point to a practical attempt to aggregate more products, more liquidity, and more infrastructure into regulated US channels. Tokenized collateral, perpetuals, retail leveraged crypto, and event contracts are all in the spotlight with real market share potential. Companies that can meet the bar for custody, risk controls, disclosures, and auditable operations can begin building onshore products more confidentially than they could before.
Also, OCC Issues Rulemaking Notice for Stablecoin Issuance
The CFTC and SEC discussion focuses on market structure, but tokenized collateral and onshore crypto venues still rely on a settlement instrument that can hold up under supervision. That is why the stablecoin perimeter matters.
See: MiCA Vs UK Crypto Rules And Global Fintech Competition
On February 25, 2026, the OCC issued a notice of proposed rulemaking (See: OCC stablecoin NPRM) to implement the GENIUS Act (Guiding and Establishing National Innovation for U.S. Stablecoins Act) for payment stablecoin issuance and related activities under OCC jurisdiction, including national banks and their subsidiaries, federal savings associations and their subsidiaries, federal branches and their subsidiaries, and foreign payment stablecoin issuers, along with entities approved as federal qualified payment stablecoin issuers and certain state qualified issuers. The OCC points to a new 12 CFR 15 that covers reserve assets, redemption, risk management, audits and supervision, custody, applications and registrations, examination of foreign issuers, and a capital and operational backstop.
Also, Congress Hits New Impasse On Stablecoin Rules
While the OCC moves ahead with rulemaking under the GENIUS Act, the legislative framework for crypto market structure is still contested in Washington. A Reuters report from March 5, 2026 on the crypto bill impasse in Congress describes renewed disagreement over stablecoin related customer rewards and whether they could draw deposits away from banks. The dispute shows that even as regulators move ahead with rules for trading infrastructure, tokenized collateral, and stablecoin issuance, Congress is still debating how far crypto firms should be allowed to compete with the traditional deposit system.
Talking Point
If the CFTC and SEC push tokenized collateral, perpetuals, and event contracts into regulated channels while the OCC pushes stablecoin issuance into a bank style rulebook, does the next U.S. advantage move to firms that can run both market structure and the cash leg under supervision?
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