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NFA testimony: self‑regulation complements CFTC enforcement, few complaints in spot digital assets

2772155 · March 26, 2025

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Summary

The National Futures Association told a House Agriculture hearing that self‑regulation under NFA complements CFTC oversight, and that NFA has adopted rules to supervise members’ spot digital asset activity with limited consumer complaints so far.

WASHINGTON — Thomas Sexton, president and CEO of the National Futures Association, told the House Committee on Agriculture that NFA’s role as an industry self‑regulator works alongside CFTC supervision to detect fraud and protect customers.

Sexton said NFA performs seven primary functions — including registration, rule enforcement, member monitoring and dispute resolution — that allow the CFTC to allocate resources effectively. He told the committee that NFA adopted compliance rule 2‑51 to supervise member activity in spot digital asset markets and that roughly “over approximately over 100 members” self‑report such activity. “We have not received any customer complaints, significant, with regard to our members’ activities in this area,” he said.

Why it matters: NFA is funded and governed differently than the CFTC (industry‑funded SRO vs. taxpayer‑funded regulator). Sexton and panelists argued that close cooperation between the two reduces duplication and improves enforcement outcomes.

Context and next steps

Sexton said NFA brings about 15 enforcement actions a year and that the organization coordinates closely with CFTC enforcement teams to avoid duplicative work. He also reinforced that NFA is willing to assist the CFTC if Congress gives the agency expanded oversight over digital asset spot markets.

Ending

Sexton told the committee that the combined framework of CFTC oversight and NFA self‑regulation “has been a successful and effective framework for the derivatives industry.”