Release Number 8818-23

CFTC Seeks Public Comment on a Proposal on Investment of Customer Funds

November 03, 2023

Washington, D.C. — The Commodity Futures Trading Commission today issued, for public comment, a proposed rule on the Investment of Customer Funds by Futures Commission Merchants and Derivatives Clearing Organizations.

The proposal would amend the Commission’s regulations governing the safeguarding and investment by futures commission merchants (FCMs) and derivatives clearing organizations of funds held for the benefit of customers engaging in futures, foreign futures, and cleared swaps transactions. The proposed amendments would specifically revise the list of permitted investments in Regulation 1.25 and introduce certain related changes and specifications. The proposed amendments would also eliminate the requirement in the Commission’s regulations that a depository holding customer funds must provide the Commission with read-only electronic access to such accounts for the FCM to treat the funds held in the accounts as customer segregated fund accounts.

The comment period will be open for 75 days after publication on, with a closing date of January 17, 2024.

Comments must be in writing and may be submitted electronically through the CFTC Comments online process.

All comments received will be posted on