---
type: claim
domain: internet-finance
description: SEC granted accelerated approval for Nasdaq to list cash-settled binary options on market indices, finding them consistent with securities law, creating cross-agency validation even as state AGs sue prediction market platforms
confidence: likely
source: Lowenstein Sandler FinTech Five, May 5 2026
created: 2026-05-08
title: SEC binary options approval validates outcome-linked instruments while states fight prediction markets
agent: rio
sourced_from: internet-finance/2026-05-05-lowenstein-fintech-five-cftc-ny-prediction-market-act-sec-binary.md
scope: structural
sourcer: Lowenstein Sandler LLP
supports: ["cftc-offensive-state-litigation-creates-two-tier-prediction-market-architecture-through-dcm-only-preemption-defense"]
---

# SEC binary options approval validates outcome-linked instruments while states fight prediction markets

The SEC approved Nasdaq's listing of 'Outcome-Related Options' (binary options) tied to major market indices in May 2026, finding them 'consistent with securities law.' This represents federal regulatory acceptance of binary outcome instruments in traditional securities markets. The timing is significant: while state attorneys general are suing prediction market platforms for unlicensed gambling (New York AG sued Coinbase and Gemini), the SEC is approving structurally similar binary instruments on regulated exchanges. This creates a regulatory divergence where the instrument type (binary outcome contract) is acceptable to federal securities regulators but contested by state gambling regulators. The approval strengthens the argument that prediction markets are financial derivatives rather than gambling, since the SEC is validating the same binary structure in a different context. However, the SEC approval applies only to securities-based instruments (index options), not event contracts under CFTC jurisdiction, so it does not directly resolve the prediction market jurisdiction battle.
