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CFTC Chair Selig Says Crypto Exchanges Are Lining Up to Opt Into Federal Rules After the Clarity Act Stalled in the Senate

by Team Lumida
November 13, 2026
in Crypto
Reading Time: 4 mins read
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  • Commodity Futures Trading Commission Chairman Michael Selig told CNBC that the agency is already seeing demand from crypto exchanges planning to opt into newly proposed rules for digital assets. Speaking at the Cantor Convergence conference in Miami Beach, Selig said many major exchanges are already registered with the CFTC because they offer financial derivatives, including perpetual futures, and would now be able to add spot trading.
  • “We’re also getting interest from new entrants who say, ‘Look, signing up with 50 different state regimes is tough. We’d rather come to one regulator and get a license at the CFTC,’ so those new entrants are lining up to come register with us as well,” he said. The CFTC published an advance notice on Oct. 5 seeking comment on a framework for retail crypto commodity transactions after the Senate failed to advance the Clarity Act on Sept. 15, CNBC reported.
  • Selig called the October proposal a “critical step” in keeping the United States the “crypto capital of the world.” He said the agency’s statute allows it to register exchanges that want to offer “margined, leveraged, or financed crypto assets,” and that the new oversight is opt-in for exchanges that are not already offering margin or leveraged financing, which is not permitted under existing state regimes.
  • The rules could face fresh scrutiny in 2027, when Democrats are set to take control of the House and Senate. Selig said he hopes the country will not see software developers move offshore, as many crypto businesses threatened to do under the Biden administration, and that he is “happy to answer any questions that Congress has.” He has also faced criticism over prediction markets: 23 Democratic senators wrote in February urging him to reverse the agency’s greenlighting of those platforms, and Selig said the CFTC will “fight this up to the Supreme Court if that’s where it’s going,” arguing the agency has exclusive jurisdiction over event contracts it classifies as swaps.

What Happened?

After the Clarity Act stalled, the CFTC and the Securities and Exchange Commission moved to write federal frameworks under existing authority rather than wait for a new statute. Selig’s message is that exchanges would rather have one federal license than 50 state regimes, and that firms already in the derivatives business can add spot trading under that umbrella. That is a meaningful shift from the Biden-era pattern of enforcement-first oversight, but it is also explicitly temporary in political terms: a Democratic Congress next year can investigate both the crypto rulebook and, as CNBC noted, President Donald Trump’s crypto ties.

Why It Matters?

For market structure, an opt-in federal regime could pull more spot and leveraged crypto activity into CFTC-registered venues, including perpetual futures that are already a core product for some exchanges. The prediction-market fight, which Selig is prepared to take to the Supreme Court, is a parallel test of how far the agency can push exclusive jurisdiction against state gambling laws. Both issues will sit in front of a more skeptical Congress in 2027.

What’s Next?

The immediate process is the comment period on the Oct. 5 advance notice and any final rules the CFTC writes under its existing statute. Watch which exchanges actually register for spot trading, whether new entrants follow through on the “lining up” interest Selig described, and how Senate and House Democrats frame oversight hearings next year. The prediction-market litigation path, potentially to the Supreme Court, is a separate calendar item that could define the agency’s reach.

Affected Tickers and Coins: COIN, CME, Bitcoin

Source: CNBC

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