CFTC updates guidance on tokenized assets, blockchain records after failed vote

The US Commodity Futures Trading Commission (CFTC) has updated its guidance on tokenized assets and using blockchain technology for recordkeeping.

In a Thursday notice, the CFTC said that it had updated information under its frequently asked questions on registered crypto-related entities. 

The guidance originally released in March was updated to specify that authorized companies could invest customer funds in tokenized forms, provided “the tokenized form of the asset grants the holder legal and economic rights that are the same or functionally equivalent to the rights received by holders of the asset in its traditional form.” The regulator added that it “would not object” to companies utilizing blockchain-based recordkeeping under the new rules.

CFTC Chair Michael Selig said that the changes were part of efforts “to provide regulatory clarity for the crypto industry.” 

The move came days after the US Senate failed to advance the Digital Asset Market Clarity (CLARITY) Act, a bill expected to provide clarification on the roles the CFTC and Securities and Exchange Commission (SEC) would have in overseeing digital assets. 

With the failed cloture vote, many expect that Congress will not be able to pass crypto market structure before 2027, leading to regulators advancing their own policies through rulemaking. The CFTC has already submitted a crypto market regulation plan for the White House to review. 

Echoing the commodities regulator, SEC Chair Paul Atkins said before the CLARITY vote that the agency was “ready, willing, and able” to propose rules on crypto in the absence of congressional action. The regulator proposed rules on “certain investment contracts involving crypto assets” in August.

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