Self-certification

Self-certification is the process a designated contract market uses to list a new contract. Under CFTC Regulation 40.2, the exchange certifies that the contract complies with the Commodity Exchange Act and CFTC regulations, and the CFTC must receive the filing by the open of business on the business day before listing. The exchange does not need the agency's approval to proceed. The CFTC can still intervene: for event contracts that may involve terrorism, assassination, war, gaming or unlawful activity, Regulation 40.11 lets it open a 90-day review and ask the exchange to suspend the contract in the meantime. Certifications are public: the exchange posts each one on its own website, and the CFTC publishes them in its filings database.

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