CFTC Expands No-Action Relief for Passive Trading Software Providers

What happened
On September 17, 2026, the CFTC issued a no-action position allowing passive trading software providers to operate without registering as brokers.
The Context
- Regulatory Expansion: This relief builds on a previous no-action letter, broadening protections for non-custodial wallet providers.
- Market Access: The decision follows the Senate's rejection of the CLARITY Act, allowing easier access to regulated derivatives for crypto wallets.
- Conditions Apply: Providers must meet ten specific conditions, including non-custodial operations and no discretionary trading.
The Number
— This is the number of conditions that software providers must meet to qualify for the no-action relief, ensuring compliance while promoting innovation.
Takeaway
Expect continued regulatory evolution as the CFTC and SEC work to adapt to the growing digital asset landscape.
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