We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Is the Commodity Futures Modernization Act?

By John Sunshine
Updated May 16, 2024
Our promise to you
SmartCapitalMind is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At SmartCapitalMind, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

The Commodity Futures Modernization Act was passed by Congress and signed into law by President Bill Clinton in December 2000. It was an attempt to solve a dispute between the Securities Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC) that arose in the early 1980s. At that time, Congress had enacted legislation to expand the scope of what was defined as a commodity. This resulted in some overlap between the regulatory scope of the SEC and the CFTC.

Originally, commodities were typically agricultural products and raw materials. Things like pork bellies, corn, wheat, and oil are common commodities. Markets developed for these products, and standard contracts were developed, and then bought and sold.

For instance, on the Chicago Board of Trade, it is possible in May 2006 to purchase a contract for 5,000 bushels of wheat for delivery in December of 2006. There are two types of buyers in this market: the end user, such as a flour mill, and the investor. The end user is in this market, as they know that they will need 5,000 bushels of wheat in December. The investor is in this market with the expectation of making a profit. The investor hopes to purchase wheat now for a certain amount per bushel and sell it for an increased amount in December.

There are also basically two types of sellers: the farmer, or commodities producer, and the investor. The investor in the purchasing example will eventually be a seller, since they have no use for 5,000 bushels of wheat. Even if the price in December is less than what the investor paid for it upon purchase, the investor will sell the commodity in December.

Farmers are free to sell when they want. They usually sell after the harvest so they know the amount they have in hand, but they may also sell before their harvest to pay for the materials required for their crop. However, if they sell more than they grow, they will need to become buyers when the contract is due to make up for the short fall.

Investors liked this process so much that someone decided to start treating stocks as if they were commodities. For instance, someone started selling in June 2005 a contract to deliver 100 shares of General Electric (GE) stock in December 2006. This type of financial instrument is called a single stock futures contract. It is this type of contract that resulted in the Commodity Futures Modernization Act being drafted and passed.

Everything in the public markets tends quickly to become regulated by some governing body. A single stock futures contract had features of both a commodity, which is governed by the CFTC, and a stock, which is governed by the SEC. Both agencies wanted jurisdiction over transactions of this type of financial instrument. They could not come to an agreement in the 1980s, and the result was that this type of financial instrument was banned. Since there was demand for this instrument, and this sort of instrument was being sold on European markets, Congress stepped into the dispute with the Commodity Futures Modernization Act. The purpose of the Act was to resolve the dispute between the two governing bodies since they could not come to an agreement on their own.

In the year 2000, Congress passed the Commodity Futures Modernization Act, and single stock futures could soon be sold again in US markets. However, many of the issues were left unresolved, and trading the product at a retail level was prohibited until August of 2003. The Act did not specify which exchange would be allowed to trade this instrument, and initially, many of the exchanges were set to offer a market for this product. Today, however, single stock futures are primarily traded on the OneChicago Exchange, a joint venture between the Chicago Board of Options Exchange, the Chicago Mercantile Exchange and the Chicago Board of Trade.

Single stock futures have been popular on European markets and are now, thanks to the Commodity Futures Modernization Act, slowly catching on in the US. You can find out more about single stock futures and trade in this instrument by visiting the OneChicago Exchange.

SmartCapitalMind is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Link to Sources

Discussion Comments

By anon137706 — On Dec 28, 2010

Robert Scheer has a very clear explanation of who was involved and how in his book, "The Great American Stick Up." He's been on Link TV speaking about this.

By anon41042 — On Aug 12, 2009

Author/Sponsor-Mark Brickell, he was one of the central characters in ISDA, the International Swaps and Derivatives Association. He was a vehement opponent of Jim Leitch, who was one of the leaders in favor of regulating derivatives. Mark also engineered a very interesting lobbying campaign targeting the media, in particular the Wall Street Journal, and ISDA, this trade group, insisted that the Wall Street Journal not even use the word derivatives. And I found this correspondence in which the Wall Street Journal was praised over a period of time when it gave up on the word derivatives because it sounds so inflammatory - it sounded inflammatory at the time – and they started calling them things like securities instead of derivatives, and - and that won the praise from ISDA and Mark Brickell.

You might want to read Frank Partnoy’s 1997 Wall Street memoir, “Fiasco,” about derivatives.

By anon26503 — On Feb 14, 2009

How did the yea's and ney's break down?

By anon26315 — On Feb 11, 2009

Who wrote this bill, who sponsored it and how did the yeas and nays break down? What is the answer to this post?

By anon23251 — On Dec 19, 2008

I understand (R)Phil Gramm & (R)Dick Luger sponsored bill. Interestingly Phil Gramm's wife Wendy sat on Enron's board (also held job in DC, I think the FTC). So the Republicans aren't innocent bystanders in this financial debacle. Dick Lugar is still in the Senate - I'm amazed that he can look American's in the eye when he is responsible for writing this devastating legislation.

By bcurry — On Oct 30, 2008

Who sponsored the legislation AND for whom were they working after they left congress? Where are they currently working?

By anon20186 — On Oct 27, 2008

I think the original post..."who drafted and who supported (lawmaker and lobbyist names, please) this bill still need to be answered. This bill helped create the ENRON debacle and is still having repercussions on the US and World economies with ill conceived market trades. Ex-Sen. Phil Gramm is credited with the ENRON language of the bill, but what about the other proposals that negated 'bucket shop' laws in the states? Who stood to gain then, as now? And did these self same greedy capitalists (lobbyists and lawmakers) conspire to 'help' Congress again with the $700 billion bailout of financial institutions in 2008? I think whoever drafted this proposal should be sent to prison and stripped of any and all wealth they amassed.

By anon20163 — On Oct 26, 2008

This statute is now being high-lighted as one of the main causes of the financial crisis we are sliding into.

By anon20156 — On Oct 26, 2008

Who wrote this bill, who sponsored it and how did the yeas and nays break down?

By anon18578 — On Sep 25, 2008

The act of 2001, incorporated by reference into the House appropriations act of 2001, (in the late of night?) exempted credit default swaps from any regulation by SEC of CFTC. How and why did this happen?

SmartCapitalMind, in your inbox

Our latest articles, guides, and more, delivered daily.

SmartCapitalMind, in your inbox

Our latest articles, guides, and more, delivered daily.