The SEC and the Commodity Futures Trading Commission announced on March 11 that they have entered into a Memorandum of Understanding (MOU) to guide coordination between the two agencies to support lawful innovation, uphold market integrity, and ensure investor and customer protection. The MOU reflects both agencies’ commitment to provide fair notice to market participants, respect individual liberty, and foster lawful innovation with the minimum effective dose of regulation to enhance U.S. competitiveness in finance. 

Speaking at the FIA Global Cleared Markets Conference about the new golden age of regulatory coherence, SEC Chairman Paul Atkins outlined concrete steps to harmonize the SEC and the Commodity Futures Trading Commission (CFTC) regulatory frameworks.   This harmonization has direct implications among investment advisers, registered funds, broker-dealers, and CFTC/NFA registrants, eliminating duplication and streamlining compliance burdens for dually regulated firms. These benefits include coordinated examinations, shared findings, and greater regulatory coherence. 

The SEC has launched a dedicated SEC-CFTC Harmonization webpage allowing market participants to request coordinated staff discussions on product applications when a product touches elements of both regulatory frameworks.  Firms should no longer be bounced between agencies.  

Atkins stated that coordinated exam planning for dually regulated entities including SEC, CFTC, FINRA, and NFA should become standard practice.  This coordination includes shared supervisory findings (subject to confidentiality assurances) as the norm, and signals reduced exam redundancy, but also heightened information sharing across agencies.  

Atkins was direct: the era of duplicative SEC and CFTC enforcement actions for the same conduct is over. The agencies will coordinate legal theories and remedial strategies going forward. For compliance officers, this is welcome news.  The agencies will speak with a more unified voice, and coordinated investigations may move faster. 

For compliance officers of investment advisers, broker-dealers, and CFTC/NFA registrants, the practical implications are significant: expect more coordinated exams, a unified enforcement posture, and new avenues to seek regulatory clarity across jurisdictions.  

sec.gov/newsroom/speeches-statements/atkins-fostering-regulatory-harmony-between-sec-cftc-031026