CFTC's 'Actual Delivery' Test For Digital Assets Misses Mark

Law360 (May 7, 2020, 6:43 PM EDT) -- After years in the making, the Commodity Futures Trading Commission has issued its final interpretative guidance regarding the term "actual delivery" set forth in Commodity Exchange Act's retail commodity provision.[1]

However, while the CFTC designated the guidance as final, we argue that the guidance should not be regarded as final, as the CFTC — while making large strides in addressing the concept of actual delivery in the context of virtual currencies — has missed the mark. In fact, the CFTC seemingly hit the mark in discussing the actual delivery exception framework in the final guidance, but then shot wide when articulating the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!