Crypto firms back CFTC in lawsuit over single-stock perpetual futures

2 min read
Crypto firms back CFTC in lawsuit over single-stock perpetual futures
PrimeXBT Editorial Team
Reviewed by PrimeXBT

Coinbase, Kalshi, Kraken parent Payward and three other firms want to defend the CFTC's authority over single-stock perpetual futures in court. Their filing answers a lawsuit from the Capital Markets Alliance, which seeks to overturn the agency's approval of the products.

Coinbase, Kalshi, Kraken parent Payward, DRW Holdings, Jump Trading and Paradigm have moved for leave to file an amicus brief supporting the Commodity Futures Trading Commission, according to a Monday court filing. The brief defends the CFTC's authority to regulate single-stock perpetual futures in the U.S.

A lawsuit aims to overturn the approvals

The brief responds to a lawsuit the Capital Markets Alliance (CMA) filed last week, seeking to overturn the CFTC's approval of the products. The CMA is an industry association with members including Cboe and Citadel Securities.

According to the Monday filing, Coinbase, Kalshi and Payward submitted applications with the CFTC to list equity perps tied to U.S. stocks. The applications were deemed approved on Nov. 2.

Futures or security-based swaps

The CMA argues that equity perps do not expire on a set date, so they should be treated as "security-based swaps" rather than futures. Under that view, they cannot be listed on CFTC-regulated exchanges. The association also claimed the CFTC overstepped the Securities and Exchange Commission's authority.

However, the crypto firms pushed back. They said the SEC was "at the table from the very start" of the regulatory process, according to the Monday filing. The filing added that the agencies jointly sought public comment on whether perpetual contracts should be classified as security futures.

Coinbase General Counsel Molly Abraham wrote on X that under the Commodity Exchange Act and the securities futures framework Congress established in 2000, security futures products are not swaps. Coinbase Vice Chairman Ryan VanGrack separately said global markets already trade equity perps.

A decision upholding the approvals would help preserve the path for these firms to offer or expand the products onshore.

Source: The Block

Trading involves risk.

Author

PrimeXBT
Our Editorial Team consists of leading experts with a proven record in the fields of trading, cryptocurrencies, blockchain and finance. We thoroughly research the sources of information in order to provide readers with quality content that serves edu...
Read author’s articles
Alert Triangle Risk Disclaimer
Disclaimer: Some past publications may be outdated. We recommend following our news to stay up to date with the latest information. For any questions, feel free to contact our support team via the chat below.
The content provided here is for informational purposes only. It is not intended as personal investment advice and does not constitute a solicitation or invitation to engage in any financial transactions, investments, or related activities. Past performance is not a reliable indicator of future results.
The financial products offered by the Company are complex and come with a high risk of losing money rapidly due to leverage. These products may not be suitable for all investors. Before engaging, you should consider whether you understand how these leveraged products work and whether you can afford the high risk of losing your money.
The Company does not accept clients from the Restricted Jurisdictions as indicated in our website/ T&C. Some services or products may not be available in your jurisdiction.
The applicable legal entity and its respective products and services depend on the client’s country of residence and the entity with which the client has established a contractual relationship during registration.

Today in markets

Browse Crypto News

Register Now

Trading involves risk

Get started in minutes

Our clients love how fast and simple our sign-up is. It takes just a few minutes to get started!

Get Started Get Started
Get started in minutes

Need Help?

Risk Warning:
Trading in leveraged products carries a high level of risk and may not be suitable for all investors.