CFTC Updates Crypto Guidance on Tokenized Assets and Blockchain Recordkeeping

CFTC updates crypto guidance to allow registered firms to invest customer funds in tokenized assets and use blockchain for recordkeeping.

The U.S. Commodity Futures Trading Commission (CFTC) has updated its guidance for registered firms, clarifying how customer funds may be invested in tokenized assets and how blockchain technology can be used to meet recordkeeping requirements.

The update was issued on Sept. 24, days after the U.S. Senate failed to advance the Digital Asset Market Clarity Act, commonly known as the CLARITY Act. Cointelegraph reported the timing of the regulatory change in an X post.

CFTC Clarifies Rules for Tokenized Assets

The CFTC said its updated frequently asked questions address investments of customer funds in tokenized forms of permitted investments, as well as the use of blockchain technology for regulatory recordkeeping.

The guidance specifies that registered entities may invest customer funds in tokenized forms of permitted assets when the tokenized version provides holders with legal and economic rights that are the same as, or functionally equivalent to, those associated with the traditional form of the asset.

The agency also said it would not object to registered entities using blockchain-based systems to satisfy applicable recordkeeping requirements under the updated guidance.

CFTC Chairman Michael S. Selig said the changes were consistent with the agency's efforts “to provide regulatory clarity for the crypto industry.”

Guidance Builds on Earlier CFTC Framework

The updated FAQs were originally introduced on March 20, 2026. The initial guidance addressed activities involving crypto assets and blockchain technology and provided additional clarification concerning earlier CFTC staff positions on tokenized collateral and digital assets accepted as margin collateral.

The latest update does not amount to a new law or replace the underlying regulatory requirements. Instead, it provides additional guidance from CFTC staff on how existing requirements apply to tokenized assets and blockchain-based records.

The clarification is particularly relevant to registered entities operating under the CFTC's regulatory framework, where requirements concerning custody, segregation, valuation and recordkeeping remain applicable.

Update Follows Failed Senate CLARITY Act Vote

The CFTC's announcement came shortly after the Senate rejected a cloture motion on H.R. 3633, the Digital Asset Market Clarity Act, on Sept. 15. The official Senate record shows the motion failed, with the vote recorded as 49-50.

The CLARITY Act was designed to establish a regulatory framework for digital commodities and clarify responsibilities involving the CFTC and the Securities and Exchange Commission. The failed vote left the legislation without sufficient support to advance at that stage.

CFTC officials did not state that the Senate vote directly prompted the updated FAQs. Cointelegraph reported that Selig instead characterized the CFTC's action as part of the agency's broader effort to provide regulatory clarity.

The immediate regulatory development is therefore centered on how registered entities can use tokenized versions of permitted assets and blockchain-based recordkeeping under the CFTC's existing framework.

writer: Ethan Collins
Crypto Journalist
Ethan Collins reports on developments across the cryptocurrency and blockchain sector. His work covers market movements, protocol updates, regulatory changes, and emerging trends in digital assets.
He focuses on presenting complex topics in a clear and accessible manner for a broad readership.