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Citadel Securities Pushes SEC to Claim Jurisdiction Over Equity-Linked Event Contracts

Market maker warns that the CFTC self-certification process risks creating a parallel shadow market tied to U.S. stocks that bypasses SEC surveillance

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Citadel Securities submitted a formal comment letter to the SEC and CFTC on September 9, 2026, calling on the SEC to assert primary oversight of event contracts linked to U.S.-listed public companies. The letter, first reported by Bloomberg's Lydia Beyoud, targets a growing category of products including earnings contracts, 15-minute options, and perpetual derivatives tied to equities. Citadel argues these instruments already qualify as security-based swaps under existing federal law and should be regulated accordingly.

The letter was filed in response to a joint SEC/CFTC request for public comment on equity-adjacent prediction market products. Citadel's central concern is that trading venues are using a CFTC self-certification mechanism under CEA Section 5c(c)(1) to bring equity-linked products to market without passing through the SEC's approval process. Under CFTC rules, a designated contract market (DCM) can self-certify a new product and begin trading the next business day. The SEC's process requires venues to demonstrate compliance, accept public comment, and obtain written approval before any trading begins. That gap, Citadel argues, is being used to bypass SEC oversight and risks creating a parallel shadow market in equity-linked products.

"Innovation should not weaken the regulatory framework governing US securities markets," the firm wrote in its letter. It added that products linked to U.S. public companies should remain inside the SEC's regulatory and surveillance system. Citadel specifically flagged Key Performance Indicator contracts, known as KPI contracts, which pay out based on a company's revenue, earnings, or other disclosed metrics. Beyond the question of whether a target number is hit, the firm warned these contracts introduce a new class of insider trading risk: whether and how they are reported by the issuer.

Chainlink and Pyth Network are both cited as key data providers for KPI contract settlement mechanisms, making their oracle networks structurally central to whichever regulatory framework ultimately governs the space.

The timing reflects a broader explosion in event contract volumes. DCMs certified roughly 1,600 event contracts in 2025 alone, a figure driven in part by Polymarket's rise during the 2024 U.S. presidential election, when the platform handled more than $1 billion in transaction volume. Kalshi, a CFTC-regulated prediction market operator, filed for S&P 500 perpetual futures under CFTC Regulation 40.2(a) self-certification in August 2026. Kalshi's Bitcoin perpetual contract (BTCPERP) received CFTC approval on May 29, 2026, and CME Group has since challenged its classification in federal court. Cboe and MEMX have taken a different route, filing separately with the SEC for company-linked binary options. The divergence illustrates how the same product category is being routed through competing regulatory channels simultaneously.

The CFTC has been moving to tighten its own framework. The agency withdrew a proposed ban on political and sports event contracts in February 2026, following Kalshi's federal court victory, and published an Advance Notice of Proposed Rulemaking and Advisory Letter No. 26-08 on March 12, 2026. The SEC and CFTC also entered into a Memorandum of Understanding on March 11, 2026, to coordinate oversight of equity-adjacent products, though that agreement has not resolved the jurisdictional gap Citadel is now pressing. In July 2026, the agency's Division of Market Oversight warned DCMs against filing overly broad or template-style self-certifications, noting that such filings "may affect a DCM's ability to analyze compliance" with core principles around manipulation risk, market surveillance, and market protection. A formal Notice of Proposed Rulemaking on prediction markets was published in June 2026, with a final rule and joint SEC guidance expected before the end of the year.

The regulatory outcome will carry weight well beyond Washington. South Africa's Financial Sector Conduct Authority classified crypto assets as financial products in 2022 but has not addressed equity-linked derivatives. ENSafrica, in a May 4, 2026 report published via Mondaq, noted that South African prediction market platforms sit at an unresolved intersection of the Financial Markets Act, crypto regulation, and gambling law. If the SEC model prevails globally, it strengthens arguments for treating these contracts as regulated financial instruments requiring FSCA licensing. A CFTC-style self-certification outcome would give platforms grounds to argue for lighter oversight. In Nigeria, where no formal guidance exists, Bayse Markets (formerly known as Gowagr and described as Africa's largest prediction market) has already launched binary contracts on currency pairs with no clear regulatory home. In Kenya, the Gambling Regulatory Authority is formulating its prediction market framework as of mid-2026; Polymarket is accessible to Kenyan users, and gambling-style oversight is considered the most likely regulatory model to emerge. In India, binary options are effectively prohibited for retail traders by SEBI, yet an estimated 39 million Indian crypto investors collectively hold around $2.1 billion in assets. Analysts note that Indian users have consistently turned to offshore platforms for equity-linked event contract exposure of the kind now under regulatory review.

A final CFTC rule and accompanying SEC guidance on security-based swaps are expected in the fourth quarter of 2026. The outcome will shape not just U.S. market structure but will also serve as a reference point for regulators in emerging markets, who benchmark against U.S. and EU frameworks through channels including IOSCO guidance, FATF standards updates, and IMF and World Bank technical assistance when drafting their own rules. In the view of this publication, the central question for the prediction market sector is no longer whether regulators will act, but which rulebook will govern the next generation of equity-linked contracts.