# CFTC Letter No. 25-41: Withdrawal of CFTC Staff Advisory 20-34 on Accepting Virtual Currencies from Customers into Segregation

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/CFTC_L25_41

## Section

- **Citation:** CFTC Letter No. 25-41
- **Heading:** Withdrawal of CFTC Staff Advisory 20-34 on Accepting Virtual Currencies from Customers into Segregation
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CFTC Staff Letters (2008-present) / Withdrawal of CFTC Staff Advisory 20-34 on Accepting Virtual Currencies from Customers into Segregation.

## Text

Summary: Withdrawal of CFTC Staff Advisory 20-34 on Accepting Virtual Currencies from Customers into Segregation.

CFTC Letter No. 25-41 Advisories December 08, 2025

U.S. COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581
www.cftc.gov
Market Participants
Division

Thomas J. Smith
Acting Director

Re:
Withdrawal of CFTC Staff Advisory 20-34 on Accepting Virtual Currencies from
Customers into Segregation

The Market Participants Division (“MPD”) of the Commodity Futures Trading Commission
(“CFTC”) hereby withdraws CFTC Staff Advisory No. 20-34 – Accepting Virtual Currencies from
Customers into Segregation (“Advisory”)1 in its entirety.

On October 21, 2020, MPD issued the Advisory to provide futures commission merchants
(“FCMs”) with guidance regarding capital and segregation of customer funds requirements
associated with the acceptance and holding of customer virtual currency assets. The Advisory also
provided FCMs with guidance on practices to consider in developing and maintaining risk
management programs when holding virtual currency as customer funds.2

In the intervening years since the issuance of the Advisory, there have been substantial
developments with respect to digital assets and the use of tokenized collateral, including
stablecoins in the derivatives markets. In September of this year, the CFTC launched an initiative
for the use of tokenized collateral including stablecoins in derivatives markets, with a public
comment period that recently ended.3 In addition, the Guiding and Establishing National
Innovation in U.S. Stablecoins Act (“GENIUS Act”) was signed into law on July 18, 2025.4 The
GENIUS Act establishes a regulatory framework for payment stablecoins. These developments
have resulted in the Advisory becoming outdated and no longer relevant. Accordingly, MPD has
determined to withdraw the Advisory, effective immediately
nded.3 In addition, the Guiding and Establishing National
Innovation in U.S. Stablecoins Act (“GENIUS Act”) was signed into law on July 18, 2025.4 The
GENIUS Act establishes a regulatory framework for payment stablecoins. These developments
have resulted in the Advisory becoming outdated and no longer relevant. Accordingly, MPD has
determined to withdraw the Advisory, effective immediately.

1 CFTC Staff Advisory 20-34, Accepting Virtual Currencies from Customers into Segregation (October 21, 2020),
available at https://www.cftc.gov/csl/20-34/download.
2 Advisory at 1.
3 CFTC, Acting Chairman Pham Launches Tokenized Collateral and Stablecoins Initiative (Sept. 23, 2025),
available at: https://www.cftc.gov/PressRoom/PressReleases/9130-25.
4 Guiding and Establishing National Innovation in U.S. Stablecoins Act of 2025, 12 U.S.C. 5901.

2

This letter represents only the views of MPD staff and does not necessarily represent the views
of the Commission or of any other division or office of the Commission. If you have any
questions concerning the withdrawal of the Advisory, please contact Jennifer Narvaez, Attorney-
Advisor, at jnarvaez@cftc.gov.

Sincerely,

Thomas J. Smith
Acting Director
Market Participants Division

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFTC_L25_41. Check the current official text before relying on it. Not legal advice.
