Commodity Futures Trading Commission (CFTC) Acting Chairman Caroline Pham, currently the only CFTC Commissioner of the five-member commission, announced on Dec. 4, 2025, that spot trading in cryptocurrency products will be available on CFTC-regulated exchanges for the first time.

Although CFTC focuses primarily on regulating futures contracts, derivatives, and swaps, the Commodity Exchange Act (CEA) also confers jurisdiction on retail spot market commodity transactions offered or entered into on a financed, leveraged, or margined basis. Under the CEA, such transactions must be conducted on a CFTC-regulated exchange.

Acting Chairman Pham’s announcement did not specify which cryptocurrencies would be available on exchange-traded markets. Media reports indicate that the first exchange on which spot crypto trading will be offered is Bitnomial Exchange, LLC. The resulting spot crypto trades will be cleared through Bitnomial Clearinghouse, LLC.

Acting Chairman Pham said that spot crypto trading on CFTC-registered exchanges “implements recommendations from the President’s Working Group on Digital Asset Markets.”

Tags: Commodity Futures Trading Commission (CFTC), cryptocurrency
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Photo of Jeffry M. Henderson Jeffry M. Henderson

Jeffry M. Henderson, a former general counsel for a publicly traded futures commission merchant, has deep futures and derivatives industry experience. He focuses his practice on a variety of complex compliance, regulatory, investigation, litigation, and managed fund matters. This representation regularly involves futures,

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Jeffry M. Henderson, a former general counsel for a publicly traded futures commission merchant, has deep futures and derivatives industry experience. He focuses his practice on a variety of complex compliance, regulatory, investigation, litigation, and managed fund matters. This representation regularly involves futures, derivatives, swaps, forex, securities, cryptocurrency, and binary options. He represents and advises a broad range of clients, including futures commission merchants, broker-dealers, investment advisers, commodity trading advisers, introducing brokers, forex trading firms, commodity pool operators, and hedge fund managers. He also provides counsel to a variety of industry participants, including proprietary trading firms and exempt investment managers regarding disclosure matters and compliance obligations and regulatory and enforcement matters. He is also regularly involved in defending member and member firms before CFTC, NFA, SEC and FINRA. He currently serves as a public director for an applicant Designated Contract Market and an applicant Designated Clearing Organization.

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Photo of William Mack William Mack

William B. Mack is a co-chair of the Financial Regulatory and Compliance Practice. He is experienced in advising companies on regulatory and compliance matters relating to the Securities and Exchange Commission regulations, the Exchange Act, Anti-Money Laundering laws and Financial Industry Regulatory Authority

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William B. Mack is a co-chair of the Financial Regulatory and Compliance Practice. He is experienced in advising companies on regulatory and compliance matters relating to the Securities and Exchange Commission regulations, the Exchange Act, Anti-Money Laundering laws and Financial Industry Regulatory Authority (FINRA) rules.

William’s practice involves all aspects of broker-dealer regulation, including Self-Regulatory Organization (SRO) membership, supervision, employment, research, soft dollar arrangements, chaperoning of foreign broker-dealers, social media, use of foreign finders, anti-money laundering rules, alternative trading systems (ATS), exchanges, and market making issues. He also provides regulatory guidance to investment banking clients in connection with securities offerings and related trading issues.

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Photo of Douglas E. Arend Douglas E. Arend

Douglas E. Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Douglas concentrates on…

Douglas E. Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Douglas concentrates on complex transactional and regulatory matters, including public and private offerings, fund formation, business structuring, registration and compliance. His public fund experience includes SEC registered offerings, and compliance with the Securities Act of 1933, the Dodd-Frank Act, the Commodity Exchange Act and CFTC regulations.

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