The U.S. Securities and Exchange Commission, working with the CFTC, issued interpretive guidance that for the first time lays out a formal taxonomy for crypto assets and states that most crypto assets are not themselves securities. The guidance creates four categories that fall outside federal securities laws—digital commodities, digital collectibles, digital tools, and payment stablecoins—while reserving securities treatment for digital securities, defined as tokenized versions of traditional instruments such as stocks and bonds. The interpretation also clarifies how the Howey test applies when a crypto asset is part of an investment contract, marking a significant shift from the prior SEC approach under Gary Gensler, which had been criticized for relying on enforcement rather than clear rulemaking.
The new framework was presented as an interim regulatory step while Congress continues work on broader market-structure legislation, including the CLARITY Act, and reflects the more coordinated posture between the SEC and CFTC under Chairman Paul Atkins. Supporters said the guidance is intended to reduce legal uncertainty for issuers, exchanges, and investors, and to return the SEC to policing actual securities transactions rather than treating broad swaths of the crypto market as securities by default. One reference is an opinion piece advocating for the same policy change and reinforcing the agency's rationale, while the other cited articles concern separate issues—including U.K. political donations, an Iran-linked exchange, allegations involving Binance, and Senate negotiations on crypto legislation—and are not part of this specific regulatory action.

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In the same guidance, the SEC said an investment contract tied to a digital asset may no longer be a security once the issuer's promised efforts are completed or fail to materialize. The interpretation also addressed how the Howey test applies to token sales, airdrops, mining, staking, and wrapped non-security crypto assets.
The U.S. Securities and Exchange Commission and Commodity Futures Trading Commission jointly released interpretive guidance defining categories of crypto assets and clarifying how federal securities laws apply to them. The taxonomy states that most crypto assets are not securities, while digital securities remain subject to securities regulation.
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