SEC, CFTC Seek Public Comment to Further Clarify and Harmonize Derivatives Product Definitions

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On June 18, 2026, the U.S. Securities and Exchange Commission, together with the Commodity Futures Trading Commission, issued a joint request for public comment on potential opportunities to update, clarify, and harmonize certain derivatives product definitions and interpretive issues, as stated in press release 2026-57. The document states the request seeks input on topics including definitions relating to swaps and security-based swaps (including the scope of certain exclusions from the swap definition), treatment of mixed swaps, treatment of novel or emerging products, jurisdictional and interpretive questions, areas needing greater clarity on regulatory definitional lines, and potential areas for alternative compliance. SEC Chairman Paul S. Atkins and CFTC Chairman Michael S. Selig are quoted regarding cooperation between the agencies and addressing ambiguities within Title VII of Dodd-Frank. The document states the public comment period will remain open for 60 days following publication of the request for comment in the Federal Register.

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