Why Is A New Perps Venue Seeking U.S. Approval?
The American Perpetuals Exchange Corporation has raised $30 million at an estimated $300 million valuation as it seeks to build a regulated U.S. venue for perpetual futures. The startup, led by Theodore Gillibrand, son of New York Senator Kirsten Gillibrand, plans to file for a Designated Contract Market license with a special exemption to list perpetual futures on single-name equities under joint Commodity Futures Trading Commission and Securities and Exchange Commission oversight, according to a June 4 memo. The fundraising round was led by Lux Capital, according to the report. The company’s plan comes as U.S. regulators are trying to bring clearer rules to products that have grown rapidly offshore but remain legally contested in domestic markets. Perpetual futures, widely used in crypto markets, allow traders to take leveraged long or short exposure without a fixed expiration date. They are popular because they offer continuous exposure and deep liquidity, but they also raise questions around leverage, retail access, clearing, market surveillance, and whether the contracts should be treated as futures or swaps under existing law.How Does The SEC-CFTC Harmonization Push Fit In?
The CFTC and SEC are currently working on a harmonization strategy for novel markets and asset classes, including crypto and perpetual futures. That effort is central to APEC’s strategy because the firm is seeking a structure that would place single-name equity perps under joint oversight rather than forcing the product into one agency’s framework. The June 4 memo said Theodore Gillibrand met with SEC and CFTC officials to discuss perps regulatory harmonization. Representatives from Gibson, Dunn & Crutcher LLP, BGR Group, and Arktouros PLLC also attended the meeting, including crypto lawyer Rebecca Rettig. The memo framed the absence of a domestic venue as a regulatory weakness rather than a reason to block the product. “The absence of a regulated U.S. venue does not eliminate demand for equity perpetual futures,” according to the memo log. “It redirects that demand to offshore platforms outside the reach of U.S. oversight, where participants have no recourse and regulators have no visibility.” That argument is becoming more common in U.S. market structure debates. Instead of asking whether demand exists, regulators are being asked whether the activity should remain offshore or move into supervised venues with clearing, disclosures, and surveillance.Investor Takeaway
APEC’s pitch depends on a regulatory trade-off: allow a high-demand product inside the U.S. perimeter, or leave trading activity on offshore platforms with weaker visibility. The outcome could shape how equity-linked perps are treated across exchanges, brokers, and clearing houses.
