Coinbase Derivatives has until October 20, 2026, to use a temporary regulatory exemption allowing it to convert existing long-dated index futures into perpetual contracts without the usual implementation delay.
The Commodity Futures Trading Commission’s Division of Market Oversight issued Staff Letter 26-29 on October 3, following an October 1 request from Coinbase Derivatives, a registered designated contract market (DCM).
The letter permits eligible exchanges to remove expiration dates from existing perpetual-style futures referencing broad-based security indices. Some of Coinbase’s contracts carried expiration dates extending as far as 25 years, despite operating through mechanisms designed to resemble perpetual futures.
Unlike conventional futures, perpetual contracts have no fixed maturity. Instead, periodic funding payments help maintain alignment between derivatives prices and their underlying reference markets.
The relief expires October 20, creating a limited opportunity for exchanges to implement the amendments under expedited procedures. It does not require existing contracts to expire or close on that date.
What CFTC Letter 26-29 Permits
Coinbase requested relief from the 10-business-day waiting requirements under CFTC Regulations 40.6(a)(3) and 40.6(b)(1), enabling qualifying contract amendments to become effective immediately upon publication.
The exchange also sought assurances that CFTC staff would not recommend staying the certification of these amendments under Regulation 40.6(c)(1).
The Division granted conditional no-action relief covering Coinbase and other registered DCMs seeking equivalent modifications.
However, exchanges must satisfy eight requirements before implementing changes.
These include soliciting feedback from participants holding open positions, providing at least five calendar days’ advance notice, allowing affected traders to close positions under existing terms, and disclosing amendment-related risks.
Exchanges may change only the expiration date, without altering other material contract provisions.
They must also submit amendments under Regulation 40.5 or 40.6 and notify the Division of their intention to rely on the relief, identifying the affected contracts and certifying compliance.
The safeguards address concerns that changing contract terms while positions remain open could affect pricing, hedging strategies and existing financial exposures.
Importantly, the letter applies exclusively to existing perpetual-style broad-based security index futures. It does not authorize unrestricted perpetual trading across individual stocks, commodities or other derivatives.
October 20 Deadline Follows Broader Regulatory Shift
The regulatory development follows the CFTC’s expanding recognition of perpetual futures within US derivatives markets.
On May 29, the Commission approved Kalshi’s Bitcoin perpetual futures contract, establishing a regulatory basis for certain cryptocurrency perpetuals. A subsequent June 12 staff letter granted comparable conversion relief for existing digital commodity perpetual-style futures.
The latest decision extends the approach to broad-based security indices after Kalshi’s proposed index perpetual futures contract was deemed approved on October 2. Coinbase’s index offerings include contracts referencing US equities, technology companies, defense businesses, artificial intelligence companies, Chinese equities and cryptocurrency-related companies.
For Coinbase, removing distant expiration dates could simplify contract structures and eliminate an artificial maturity feature previously used amid uncertainty surrounding the classification of perpetual derivatives.
Nevertheless, the October 20 deadline concerns the availability of expedited no-action relief, not a blanket prohibition on future perpetual futures applications. Exchanges can continue seeking regulatory approval through established procedures after the exemption expires.
The Division also emphasized that its position is not binding on the full Commission and may be modified, suspended or withdrawn.
The immediate significance is procedural: US exchanges now have a defined mechanism for converting qualifying existing contracts into true perpetuals while maintaining protections for traders holding open positions.