CFTC expands no-action position for passive software providers

  • CFTC staff expanded no-action relief for eligible passive derivatives-software providers.
  • Release 9300-26 was issued September 17 and broadened Phantom Technologies' March relief.
  • Providers cannot custody assets, direct trades, or generate express buy-or-sell signals.

The Commodity Futures Trading Commission’s Market Participants Division expanded no-action relief for eligible passive software providers that connect users with registered derivatives intermediaries and venues. Release 9300-26, issued September 17, broadens relief first granted to Phantom Technologies, Inc. in Staff Letter 26-09 in March. Qualifying providers need not register as introducing brokers, and relevant personnel need not register as associated persons, if the software remains a passive interface and meets stated conditions. The position covers software, including self-custodial wallet interfaces, that displays market and position information, permits users to review derivatives products and routes user-directed orders to registered futures commission merchants, introducing brokers or designated contract markets. Providers cannot custody assets, control order routing or execution, make trading decisions, or generate express buy-or-sell signals. The existing record identifies the broader relief as Staff Letter 26-25, while the new release identifies it as Release 9300-26. The staff position is not a binding Commission rule, can be changed or withdrawn, and does not resolve separate state registration or licensing requirements.

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