CFTC seeks comment on crypto rules as draft lists XRP as digital commodity

  • CFTC published an ANPRM seeking comments on retail crypto transactions and a potential crypto asset market category.
  • Draft rules list XRP with Bitcoin, Ethereum, Solana, Stellar and Tezos as digital commodities and would cover spot, derivatives and leveraged retail trading.
  • XRP’s commodity classification does not resolve securities treatment for individual sales, including distinctions identified in Ripple’s July 2023 federal court ruling.

The Commodity Futures Trading Commission published an Advanced Notice of Proposed Rulemaking seeking comment on a comprehensive framework for retail crypto asset transactions under section 2(c)(2)(D) of the Commodity Exchange Act, while a related draft framework lists XRP alongside Bitcoin, Ethereum, Solana, Stellar and Tezos as a digital commodity. The proposals would address leveraged retail trading, spot markets, derivatives, abusive practices, industry-specific compliance guidance and a potential crypto asset market subcategory of designated contract market registration. The CFTC and Securities and Exchange Commission’s classification does not determine whether every XRP sale is outside securities law; the draft rules must be published, opened to public comment and finalized before taking effect.

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