United States
Remote
Senior
Full Time
3 days ago
💰$ 175,800 - $ 351,600
remotecryptolegalfinancial_servicesregulatory_compliance
Requirements
- •Qualified attorney admitted to practice law in the United States
- •12+ years of experience in financial services law with a strong concentration in CFTC regulation and CEA-registered entities
- •Deep substantive knowledge of the CEA and CFTC regulations, including the DCM core principles framework (Part 38), DCO requirements (Part 39), FCM obligations (Parts 1, 22, and 30), the swap dealer regulatory regime (Parts 23 and 45–50), and the retail commodity transaction framework under CEA Section 2(c)(2)(D)
- •Familiarity with CEA Section 2(c)(2)(D) and the CFTC's jurisdiction over leveraged, margined, or financed retail commodity transactions – including its application to spot crypto margin products
- •Direct experience advising on, preparing, or managing CFTC regulatory filings, rule submissions, or examination responses for at least one type of CEA-registered entity
- •Demonstrated ability to manage complex regulatory relationships and multi-stakeholder workstreams, including coordinating with outside counsel and regulators
- •Outstanding analytical, drafting, and organisational skills with the ability to produce clear, commercially actionable legal guidance
- •Ability to translate complex regulatory requirements into practical product and operational guidance for non-lawyer business partners
- •Pragmatic, commercially accountable approach to legal and regulatory risk that prioritises providing stakeholders with a useful range of options and clear recommendations
- •Authentic interest in crypto and digital assets, and familiarity with Kraken’s and competitors’ products and market structure
- •Familiarity with using AI tools such as Enterprise GPTs to increase efficient provision of legal services
What You'll Do
- •Serve as primary legal counsel for Payward’s CFTC-registered entities (DCM, DCO, and FCM), advising on all aspects of their regulatory obligations under the CEA and CFTC rules
- •Provide legal support with respect to regulatory engagement with the CFTC and NFA, including managing examination responses, no-action relief requests, rule interpretations, and informal guidance processes
- •Advise on DCM core principles and rule submission and self-certification processes, including new product listings, rule amendments, and emergency action procedures as necessary
- •Advise on DCO risk management standards, customer protection requirements, default management procedures, and margin and collateral frameworks
- •Advise the FCM on customer fund segregation requirements, residual interest obligations, leverage and margin rules, and NFA compliance programme requirements
- •Partner with product, engineering, and compliance teams to structure and launch new derivatives products (including perpetual futures, options, and prediction markets) in compliance with CFTC requirements
- •Monitor regulatory developments – proposed rulemakings, guidance, enforcement actions, and congressional activity – and translate their significance for the business proactively
- •Build and maintain strong working relationships across Payward’s derivatives, compliance, finance, and technology teams
Nice to Have
- •Experience advising on CFTC oversight of digital asset derivatives, including the treatment of crypto assets as commodities and the regulatory status of crypto-margined contracts
- •Experience with swap dealer registration, de minimis threshold analysis, and the uncleared margin rules under the CEA
- •Knowledge of NFA compliance programme requirements and experience managing NFA audits or inquiries
- •Familiarity with non-US derivatives regulatory frameworks, including ESMA, FCA, MAS, or equivalent, particularly where they intersect with the CFTC’s cross-border framework
About Kraken
Kraken is a cryptocurrency exchange platform that provides parachain auctions, staking, and index services.
San Francisco, CA
1000 - 5000
Finance