SEC Signals Most Crypto Assets Are Not Securities Under New Guidance

The Securities and Exchange Commission has issued new interpretative guidance outlining how digital assets will be treated under federal securities laws. The notice introduces a clearer framework for distinguishing between different categories, including digital commodities, collectibles, tools, stablecoins, and tokenized securities.

According to the agency, most crypto assets will not be classified as securities, marking a shift toward more defined regulatory boundaries.

Focus on Investment Contracts and Token Use

The guidance explains that a digital asset may fall under securities laws only if it qualifies as an investment contract. It also addresses how activities such as airdrops, staking, protocol mining, and token wrapping should be evaluated within this framework.

Paul Atkins stated that the interpretation aims to establish clarity while recognizing that many crypto assets do not inherently represent securities, and that investment contracts can evolve or conclude over time.

Coordination With CFTC and Legislative Efforts

The move follows a recent agreement between the SEC and the Commodity Futures Trading Commission to coordinate oversight of digital assets. Lawmakers in Congress are also working on broader market structure legislation that could formalize regulatory roles.

The update comes amid internal shifts at the agency, including the resignation of enforcement leadership, which has drawn criticism from former officials over the SEC’s evolving regulatory approach.

Disclaimer

This content is for informational purposes only and does not constitute financial, investment, or legal advice. Cryptocurrency trading involves risk and may result in financial loss.