SEC and CFTC say most crypto assets are not securities in new joint interpretation
The US Securities and Exchange Commission and the Commodity Futures Trading Commission have issued a joint interpretation outlining how crypto assets are treated under federal securities laws. Most notably, the statement emphasised that most crypto assets are not themselves securities.
- SEC and CFTC issue joint interpretation stating most crypto assets are not securities and outlining how they fall under federal law
- The guidance introduces a token classification framework and clarifies treatment of airdrops, staking, and other on-chain activities.
Both agencies released the interpretation as one of their first coordinated steps since signing a memorandum of understanding, with the update detailed in a Tuesday notice. According to the SEC, the interpretation would serve as an “important bridge” as the US Congress continues to work toward market structure legislation for digital assets.
The interpretation, according to the regulators, will provide a “coherent token taxonomy for digital commodities, digital collectibles, digital tools, stablecoins, and digital securities,” and clarify how a “non-security crypto asset” may or may not fall under the definition of an investment contract.
The interpretation also clarifies how federal securities laws apply to activities such as “airdrops, protocol mining, protocol staking, and the wrapping of a non-security crypto asset.”
“It also acknowledges what the former administration refused to recognize – that most crypto assets are not themselves securities,” SEC Chairman Paul Atkins said in an accompanying statement.
“After more than a decade of uncertainty, this interpretation will provide market participants with a clear understanding of how the Commission treats crypto assets under federal securities laws,” he added.
Separately, Atkins has said that “only one crypto asset class remains subject to the securities laws,” identifying it as “traditional securities that are tokenized.”
Until now, there has been a significant degree of regulatory ambiguity and a fragmented approach to digital asset oversight.
Which has fueled persistent market confusion and led to a series of high profile enforcement actions initiated against various industry participants and major exchanges.
Over the long run, this unified interpretation is expected to foster greater institutional adoption and provide the legal certainty necessary for sustainable innovation within the American financial ecosystem.
