SEC Issues Guidance on Crypto Asset Status

In the United States, the SEC, with support from the CFTC, issued guidance clarifying that most crypto assets are not considered securities.
Crypto Asset Classification
Token Categories
The document defines five categories: digital commodities, digital collectibles, digital tools, stablecoins, and digital securities.
Status Distinctions
The guidance clarifies that a crypto asset that is not itself a security may become subject to an investment contract, and may also cease to be subject to one.
Regulators’ Position
SEC and CFTC Approach
The SEC and CFTC stated they will apply federal securities and commodities laws in line with this guidance.
Policy Shift
This position differs from that of former SEC Chair Gary Gensler, under whose tenure many crypto assets were treated as securities.
Application of Rules
Crypto Operations
The document addresses the application of laws to operations such as airdrops, mining, staking, and the use of wrapped tokens.
Market Participants
Market participants are advised to review the guidance to understand the regulatory responsibilities and jurisdiction of the SEC and CFTC.
Legislative Context
Interim Measure
The guidance serves as an interim step pending Congress’s adoption of legislation on the market structure for crypto assets.
Purpose of the Document
The document aims to provide clarity for investors, issuers, and other market participants regarding regulatory expectations.