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CFTC Issues No-Action Position for Trading Software Providers

The relief now covers qualifying wallets and apps that route orders to registered venues, with 10 conditions and joint-liability undertakings required.

  • On Thursday, the Commodity Futures Trading Commission's Market Participants Division issued a no-action position allowing providers of "passive software" to facilitate regulated derivatives trading in self-custodial wallets without registering as introducing brokers.
  • This decision extends relief previously granted in March to Phantom Technologies in Staff Letter 26-09, as the agency expanded the position after hearing from other similarly situated providers seeking similar relief.
  • The letter attaches 10 conditions, including a requirement that trading venues sign an undertaking making them "jointly and severally liable" for provider violations, while providers cannot hold user assets or exercise routing discretion.
  • Alongside the CFTC's action, the Securities and Exchange Commission approved a temporary exemption allowing platforms to facilitate limited onchain trading of tokenized US stocks, with Exchange Commission Chair Paul Atkins stating the agency would act "with or without legislation."
  • Following the CLARITY Act's failure in the Senate with 49 votes, short of the 60 needed, CFTC Chair Michael Selig said the agency is "locked in" to ship rules for the new frontier of finance.
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Coin Edition broke the news on Thursday, September 17, 2026.
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