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Regulation

Self-certification

The process by which a CFTC-regulated exchange lists a new contract by certifying that it complies with the law, without prior approval.

BetG8 Editorial · Reviewed November 6, 2026 · Not betting, legal or investment advice

Under CFTC rules a DCM can list a contract one business day after filing a certification. The Commission can review contracts that may involve gaming, war, terrorism or activity against the public interest, but in 2025 and 2026 it allowed sports and election contracts to proceed, a change from the position it took in 2024.

Self-certification is how hundreds of sports markets appeared on Kalshi within weeks and why states felt bypassed. It is at the center of the preemption fight.

A contract that is self-certified is not thereby legal in every state; that is the question the courts are deciding.

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Frequently asked questions

What does "Self-certification" mean?
The process by which a CFTC-regulated exchange lists a new contract by certifying that it complies with the law, without prior approval.
Why does self-certification matter for prediction markets?
A contract that is self-certified is not thereby legal in every state; that is the question the courts are deciding.