Market StructureIntermediate

Commodity Futures Trading CommissionCFTC

The Commodity Futures Trading Commission (CFTC) is the US federal agency that regulates derivatives markets — futures, options on futures and swaps. Created in 1974, it aims to keep those markets sound and protect participants from fraud and manipulation.

If the SEC watches stocks, the CFTC watches derivatives. Futures on oil, wheat, interest rates and bitcoin, plus much of the swaps market, fall under its oversight. It also polices retail forex dealers and has pursued many crypto fraud cases. This entry explains what the CFTC does, how it works with the NFA and why traders should care.

Category
Market Structure
Reading time
3 min
Also called
US CFTC, Futures regulator, Derivatives regulator
Updated

The CFTC in plain words

The CFTC was created in 1974 by the Commodity Futures Trading Commission Act, when most futures trading was agricultural.1

Its vision is to be the global standard for sound derivatives regulation.1

Forex can be traded on exchanges regulated by the CFTC, and the SEC and CFTC have both brought forex fraud cases.2

How the CFTC oversees markets, step by step

  1. Registers participants

    Brokers and advisers, often via NFA. See National Futures Association.

  2. Oversees exchanges

    Futures exchanges and clearing houses. See Futures Contract.

  3. Sets position limits

    To curb manipulation. See Position Limits.

  4. Monitors trading

    Publishes Commitments of Traders data. See Commitments of Traders Report.

  5. Enforces the law

    Fraud and manipulation cases.

  6. Regulates swaps

    Since the Dodd-Frank reforms. See Swap.

Worked examples

Example 1 — Oil futures

CFTC oversight

A refiner hedges with crude oil futures on a US exchange.

Example 1 — Oil futures — calculation
RegulatorCFTC

Futures markets, from farm products to energy, fall under the CFTC.1 See Commodities.

Example 2 — Forex scam

Likely fraud

An unregistered firm promises 10% a month from forex trading.

Example 2 — Forex scam — calculation
Red flagUnrealistic returns
Who actsCFTC and SEC fraud actions

Regulators have brought actions alleging fraud in forex investment programs.2

Example 3 — Bitcoin futures

Regulated venue

A trader uses CME bitcoin futures instead of an offshore exchange.

Example 3 — Bitcoin futures — calculation
VenueCFTC-regulated exchange

Using regulated venues adds oversight and clearing protections. See Futures Contract.

CFTC vs SEC

AspectCFTCSEC
CoversFutures, options on futures, swapsStocks, bonds, funds
Founded19741934
Industry SRONFAFINRA
See alsoCommodity marketsSecurities and Exchange Commission

Why traders care about the CFTC

Advantages and disadvantages

Advantages

  • Oversight of large derivatives markets.
  • Fraud enforcement.
  • Public market data.

Disadvantages

  • Smaller than the SEC.
  • Boundaries with the SEC can be unclear.
  • Offshore platforms escape oversight.

Going deeper

Read as far as you need. Each level builds on the one before it.

From farms to finance

Beginner

When the CFTC began in 1974, most futures were agricultural; today financial futures dominate.1

Working with the NFA

Intermediate

The NFA is the CFTC-designated registered futures association that oversees industry members day to day.3 See National Futures Association.

Swaps after 2008

Advanced

Post-crisis reforms brought much of the swaps market under CFTC oversight, requiring clearing and reporting. See Central Counterparty.

Common mistakes

  1. Trading with unregistered brokers

    Check registration first.

  2. Assuming offshore = protected

    US rules may not apply.

  3. Confusing CFTC and SEC roles

    Different products.

  4. Ignoring COT data

    It's free positioning information.

Check your understanding

Test yourself before moving on. Each answer comes with an explanation.

Q1Which product does the CFTC mainly regulate?
Q2When was the CFTC created?

Key points to remember

  1. The CFTC regulates US derivatives markets.
  2. It was created in 1974.
  3. It oversees futures, options on futures and swaps.
  4. The NFA handles day-to-day member oversight.
  5. It pursues forex and crypto fraud.

Frequently asked questions

Does the CFTC regulate crypto?

It oversees crypto derivatives and treats some crypto as commodities for fraud purposes.

How do I check a futures broker?

Use NFA's BASIC database to check registration.

Is the CFTC part of the SEC?

No, it is a separate independent agency.

Further learning

Sources

This article is written in our own words. The sources below support the specific facts, rules and figures marked with a number in the text. Links open the original publisher’s page.

  1. CFTC. The Commission (opens in a new tab) Checked .
  2. Investor.gov (SEC). Foreign Currency Exchange (Forex) Trading For Individual Investors (opens in a new tab) Checked .
  3. National Futures Association. About NFA (opens in a new tab) Checked .

Educational content, not financial advice. Examples use hypothetical prices and simplified costs; actual fees, margin rules and regulations vary by broker, market and country. We are not affiliated with any publisher linked above. Last reviewed . Report an error or request a source credit.