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Kalshi introduced crypto perpetual contracts under CFTC oversight, prompting debate over whether the products qualify as futures or swaps.
cointelegraph.comKalshi launched CFTC-regulated crypto perpetual contracts on June 12, 2026. John Lothian, publisher of John Lothian News, argued that perpetual contracts resemble swaps because they involve recurring bilateral cash-flow payments through funding-rate mechanisms.
Udesh Jha, Kalshi’s head of exchange analytics, countered that perpetuals function like futures because they are exchange-traded, centrally cleared and designed to track underlying spot markets.
Lothian said funding-rate payments create ongoing cash flows between market participants, a feature he associates with swaps. Jha stated that funding rates merely make financing costs explicit rather than embedding them in futures prices. Jha added that perpetuals eliminate the need for traders to roll positions into new contract months.
He said Kalshi calculates funding rates continuously throughout funding cycles rather than relying on a single closing period. Lothian noted that labeling perpetuals as swaps could require different regulatory treatment and potentially limit retail participation unless Congress or regulators create new frameworks.
U.S. Customers access to a product that already generates trillions of dollars in offshore volume. The debate follows the recent approval and launch of crypto perpetuals on Kalshi under CFTC oversight. Both sides view the same product through different regulatory lenses.
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