CFTC announced a no-action position for passive software providers

On September 17, 2026, the Market Participants Division of the U.S. Commodity Futures Trading Commission (CFTC) announced that it has issued a no-action position to passive software providers, similar to Staff Letter 26-09, which is now broadly applicable to such providers.

The letter states that, subject to several specified conditions, the Division will not recommend that the Commission take enforcement action against any such provider or its related persons for failing to register as a introducing broker or an introducing broker affiliate. This position only applies to those who provide and market software to users for trading with registered futures commission merchants, introducing brokers, and designated contract markets.

This announcement came just hours after the sister agency, the U.S. Securities and Exchange Commission (SEC), issued an innovation exemption.