CFTC Opens Door to Tokenized Asset Investments by Futures Brokers

The Commodity Futures Trading Commission (CFTC) has updated its guidance for futures brokers and clearinghouses, allowing them to invest customer funds in tokenized versions of permitted assets. The new rules, released on September 25, 2026, permit the investment of customer money in tokenized forms of existing investments, as long as certain conditions are met.

The CFTC's staff FAQs now include four new entries related to crypto assets, which clarify that tokenized government money market funds qualify for investment. However, payment stablecoins do not meet the requirements and remain excluded from permitted investments.

The updated rules also address recordkeeping, stating that firms can create and keep their required records on a blockchain as long as they fully meet the CFTC's general recordkeeping rule and Regulation 45.2. The staff emphasized that the use of public blockchains should be accompanied by systems to produce records for inspection even if the network is unavailable.

The update reflects the CFTC's ongoing efforts to provide regulatory clarity for the crypto industry, as pledged by Chairman Michael Selig in a statement.