Kalshi’s push into crypto perpetual contracts has reignited a long-running debate over whether these instruments should be classified as futures or swaps, a distinction with significant implications for regulatory oversight, exchange design, and trader protections.
Perpetual contracts, sometimes called “perps,” function like futures but have no expiration date. Traders hold positions indefinitely, with periodic funding rate payments keeping the contract price anchored to the underlying asset’s spot price. Kalshi’s own explainer frames the product as perpetual futures, a label that carries specific regulatory weight in the United States.
The CFTC has been actively engaging with how crypto derivatives fit within existing commodity law. Whether a perpetual contract qualifies as a future or a swap determines which set of rules governs its trading venue, margin requirements, and reporting obligations.
Why the futures vs. swaps classification matters for traders
The distinction is not academic. Futures trade on designated contract markets (DCMs) with standardized clearing. Swaps fall under a different regulatory framework with separate execution and reporting requirements. A perpetual contract behaves like neither a traditional future nor a conventional swap, sitting in a gray zone that regulators and market participants have debated for years.
The funding rate mechanism, which periodically transfers payments between long and short holders, resembles a swap’s periodic settlement. But the standardized, exchange-traded nature of perpetuals looks more like a futures contract. How regulators ultimately classify these instruments shapes which platforms can offer them and what protections traders receive.
Derivatives industry veterans have raised concerns about market manipulation risks in perpetual futures markets. The funding rate mechanism and high leverage common in perps trading can create conditions where large participants influence prices, a risk that proper regulatory classification is meant to address.
Kalshi, originally known as a prediction market platform, entering the crypto perpetuals space adds a new dimension. The company operates as a CFTC-regulated exchange, meaning its product design choices carry weight in how regulators view the broader perpetuals market. As industry observers have noted, Kalshi’s approach could influence how other regulated venues structure similar offerings.
This development comes as crypto trading infrastructure continues to mature globally. Platforms across markets are exploring how to offer derivative products that meet both trader demand and regulatory expectations, similar to how new crypto trading partnerships are expanding access in regions like Latin America.
What Southeast Asian exchanges and traders should watch
The US classification debate has downstream effects for exchanges operating in Southeast Asia. Platforms such as Indodax, Tokocrypto, and Coins.ph monitor US regulatory signals when designing their own product offerings. A clear US framework for perpetuals could accelerate or constrain how ASEAN exchanges approach similar instruments.
Regional regulators in Indonesia, Thailand, and the Philippines have taken varied approaches to crypto derivatives. US decisions on perpetual contract classification will likely serve as reference points, particularly as institutional adoption of crypto infrastructure accelerates worldwide.
For active traders in the region, the key watchpoints are whether US-regulated perpetuals become accessible to international users, how funding rate transparency standards evolve, and whether ASEAN exchanges begin offering locally regulated perpetual products in response to growing demand from increasingly sophisticated crypto market participants.
No timeline exists for a definitive CFTC ruling on perpetual contract classification. Traders and exchanges in Southeast Asia should monitor US regulatory developments as a leading indicator for how their own markets may eventually treat these instruments.
Disclaimer: This article is for informational purposes only and does not constitute financial or investment advice. Cryptocurrency and digital asset markets carry significant risk. Always do your own research before making decisions.
