SEC.gov | SEC Clarifies the Application of Federal Securities Laws to Crypto Assets

https://www.sec.gov/newsroom/press-releases/2026-30-sec-clarifies-application-federal-securities-laws-crypto-assets
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2026-03-18 12:18:55 · ggallwey@vixio.com
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TITLE: United States Securities and Exchange Commission Clarifies Application of Federal Securities Laws to Crypto Assets BODY: On March 17, 2026, the Securities and Exchange Commission (SEC) issued an interpretation clarifying how federal securities laws apply to certain crypto assets and transactions involving crypto assets. The Commodity Futures Trading Commission (CFTC) joined the interpretation to provide guidance that it will administer the Commodity Exchange Act consistent with the SEC's interpretation. The interpretation provides a coherent token taxonomy for digital commodities, digital collectibles, digital tools, stablecoins, and digital securities. It addresses how a "non-security crypto asset"—which is a crypto asset that itself is not a security—may become subject to, and how it may cease to be subject to, an investment contract. The interpretation also clarifies the application of federal securities laws to airdrops, protocol mining, protocol staking, and the wrapping of a non-security crypto asset. SEC Chairman Paul S. Atkins stated that the interpretation provides market participants with clear understanding of how the SEC treats crypto assets under federal securities laws after more than a decade of uncertainty. The interpretation acknowledges that most crypto assets are not themselves securities and reflects the reality that investment contracts can come to an end. CFTC Chairman Michael S. Selig noted the interpretation reflects a shared commitment to developing workable, harmonised regulations and fostering a regulatory environment that allows the crypto industry to flourish in the United States with clear rules. Market participants—from innovators and issuers to individual investors—should review this interpretation to better understand the regulatory jurisdiction between the SEC and CFTC. The interpretation has been published on SEC.gov and in the Federal Register.
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