U.S. regulators, the SEC and CFTC, have published joint interpretive guidance on the status of cryptocurrencies under current federal securities laws.
This guidance, prepared at the commission level, contains important explanations regarding the legal framework for crypto assets and related transactions.
This step follows an application to the Office of Information and Regulatory Affairs (OIRA) earlier this month, and the guidance was approved by CFTC Chair Rostin Behnam, along with SEC members Paul Atkins, Hester Peirce, and Mark Uyeda.
The published guidance establishes a “token taxonomy” for crypto assets, while also clarifying how activities such as staking, mining, airdrops, and wrapping will be assessed under existing laws. This clarifies the regulatory perspective for many operational activities that have long been debated in the market.
SEC Chairman Paul Atkins stated that one of the most notable aspects of the guidance reflects the approach that most crypto assets should not be considered securities outright. It also noted that investment contracts may expire over time in certain circumstances.
Although such interpretive guidance doesn’t directly mean a change in law, it provides an important signal to markets about how regulators plan to enforce existing laws.
*This is not investment advice.
