Trump, Regulators Push for Perpetual Futures in US
UpGateNeutralRegulation & policy

Trump, Regulators Push for Perpetual Futures in US

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Perpetual Futures Expand Beyond Crypto into Mainstream U.S. Markets

Perpetual futures, the financial instruments that fueled the cryptocurrency market’s ascent to a trillion-dollar valuation, are now poised to enter the mainstream U.S. financial system, targeting oil, gold, and equities. A regulatory push, spearheaded by President Donald Trump and the Commodity Futures Trading Commission (CFTC), aims to integrate these never-expiring derivatives contracts into the broader financial landscape.

Unlike traditional futures contracts, which are bound by a specific expiration date for settlement, perpetual futures eliminate the calendar entirely. These contracts function as an open-ended bet on an asset’s price, remaining active until a trader chooses to close their position. Instead of expiration dates, a “funding rate” mechanism is employed to keep the contract’s price aligned with the underlying asset’s spot market price. This system involves periodic payments between traders who are long and those who are short, creating an economic incentive for the contract price to remain close to the real-time market value.

Originating in cryptocurrency markets, perpetual futures gained significant traction due to their ability to offer leveraged exposure without the recurring administrative burden of rolling over contracts. Offshore platforms, such as Hyperliquid, have reported annual trading volumes in the tens of trillions of dollars solely from these perpetual contracts.

The CFTC’s approval of Kalshi’s Bitcoin perpetual futures contract, designated BTCPERP, on May 29, 2026, marked a pivotal regulatory moment. By classifying BTCPERP as a futures contract rather than a swap, the CFTC established a legal precedent for introducing perpetuals into regulated U.S. markets.

The agency’s initiative extends beyond cryptocurrencies. The CFTC issued a policy statement mandating that perpetual futures referencing precious metals, oil, energy commodities, equities, and other traditional financial instruments will undergo individual reviews under Regulation 40.3. This approach ensures each new contract is evaluated on a case-by-case basis, rather than receiving a blanket approval or denial.

Kalshi has moved swiftly to capitalize on this regulatory shift. On July 21, 2026, the platform, which began as a prediction market before expanding into derivatives, filed applications for perpetual futures contracts on gold, silver, and platinum. By September 2026, perpetual contracts for gold and silver were operational, offering round-the-clock trading five days a week.

The CFTC also initiated a public comment period from June through August 2026 regarding the potential for 24/7 trading in energy commodities.

President Trump has actively supported these regulatory developments. At a White House event in August 2026, he lauded the regulatory efforts and specifically encouraged offshore platforms like Hyperliquid to comply with U.S. regulations, underscoring an ambition to position the United States as a leading global hub for derivatives trading.

However, this expansion is not without its critics. CME Group, a major player in traditional futures trading based in Chicago, filed a lawsuit against the CFTC in June 2026. Their central contention is that perpetual futures should be classified as swaps, not futures contracts.

This distinction carries significant regulatory weight. Swaps are subject to different, generally more stringent, regulatory requirements than futures, including variations in margin rules, reporting obligations, and oversight structures. If CME’s legal challenge proves successful, it could lead to perpetual contracts facing a regulatory framework that significantly increases their cost and complexity to offer.

CME Group’s opposition is also driven by competitive concerns. The exchange’s revenue model is largely based on traditional futures contracts with expiration dates. The continuous trading of perpetual contracts presents a direct challenge to this established business model. The ability for traders to hold gold perpetuals indefinitely without the need for contract rollovers could diminish the appeal of standard monthly gold futures.

The challenges posed by geopolitical tensions, such as those surrounding Iran in 2026, highlighted the risks investors face from overnight market movements when trading is restricted. Perpetual contracts offer a solution by enabling continuous trading, allowing investors to hedge against such risks.

Perpetual futures are inherently high-leverage instruments. In crypto markets, leverage ratios of 10x, 50x, or even higher are common. Extending this level of leverage to retail investors trading oil or equities raises significant concerns regarding investor protection. The CFTC’s case-by-case review process under Regulation 40.3 appears to be designed to address these potential risks.

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