- The CFTC issued a second warning this year against overly generalized self-certification of event contracts by prediction market operators.
- The agency clarified that operators can still self-certify compliant contracts without prior approval, but must provide detailed terms and analysis for each product.
- The advisory precedes a July 27 deadline for public comments on proposed rule amendments that would establish a new framework for evaluating event contracts in the public interest.
The US Commodity Futures Trading Commission (CFTC) issued its second warning this year to prediction market operators on Friday, reiterating that broad, template-style contract certifications will not be accepted. The agency clarified that while operators can still self-certify event contracts as compliant with the Commodity Exchange Act without prior approval, they must provide the terms and conditions of each product permutation along with a concise analysis.
The CFTC, which claims to be the primary regulator of prediction markets, warned that too many operators are self-certifying contracts without supplying this required detail. However, the agency noted that ongoing policy discussions and proposed rulemaking do not suspend the existing statutory framework for self-certification.
This advisory comes just days ahead of the CFTC’s July 27 deadline for public comments on its proposed rule amendments. The proposed changes aim to clarify how the CFTC determines whether certain event contracts are contrary to the public interest.
Specifically, the rule would establish a three-step analytical framework to evaluate contracts involving activities like terrorism, assassination, or gaming. Law firm Ropes & Gray said in June that the proposed rule, if adopted, would fundamentally reshape the regulatory landscape for prediction markets.
The regulator first issued a similar warning about overly generalized submissions on March 12. Consequently, the latest guidance reinforces that only appropriate contracts with thorough documentation should be listed for trading.
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