CFTC FAQs allow tokenized eligible assets and blockchain recordkeeping

  • CFTC divisions updated FAQs on tokenized investments and blockchain-based regulatory records.
  • Tokenized assets must preserve traditional legal and economic rights while meeting Regulation 1.25 requirements.
  • CLARITY Act negotiations stalled before Senate progress on September 15, according to the source.

The U.S. Commodity Futures Trading Commission (CFTC) updated its FAQs to clarify how tokenization and blockchain infrastructure can fit within existing rules. Its Market Participants Division, Division of Market Oversight and Division of Clearing and Risk addressed whether customer funds may be invested in tokenized versions of already permitted assets, and whether regulated firms can use blockchain for recordkeeping. Eligible assets such as U.S. Treasuries, corporate bonds and money-market fund shares may be tokenized if holders receive the same legal and economic rights, while all liquidity, concentration, maturity, custody and other conditions remain in force. The guidance does not authorize customer funds to be invested directly in Bitcoin or Ether. It also permits on-chain records if they meet existing standards for authenticity, reliability, retention and accessibility, with firms remaining responsible for producing records during network disruptions. The update follows the failure of the CLARITY Act to advance in the Senate on September 15 after months of stalled bipartisan negotiations. Circle CEO Jeremy Allaire and Michael Saylor said blockchain adoption and industry development would continue without a comprehensive market-structure law.

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