🤔 USA🇺🇸: the SEC and CFTC issue joint guidance clarifying crypto asset classification at the federal level

Morgan Ellis

🤔 USA🇺🇸: the SEC and CFTC issue joint guidance clarifying crypto asset classification at the federal level

The SEC — Securities and Exchange Commission — and the CFTC — Commodity Futures Trading Commission — stated that certain crypto assets that are not securities may fall under the definition of commodities.

💎 The division of jurisdiction between the SEC and the CFTC has long been a source of uncertainty for market participants, issuers and developers. By establishing a unified interpretation, both agencies aim to reduce barriers to capital formation and product development in the digital asset sector.

💎 The consensus is widely seen as an interim step, as Congress advances a bipartisan market structure bill aimed at establishing a comprehensive regulatory framework.

💎 The guidance introduces a token taxonomy, covering digital commodities, digital collectibles, digital financial instruments, stablecoins and digital securities.

💎 It also outlines how a crypto asset that is not initially a security may become — or cease to be — part of an investment contract, depending on its structure and use.

💎 The document further details the application of federal securities laws to airdrops, protocol mining, staking and wrapping structures for crypto assets that are not classified as securities.

The guidance will be published on the CFTC website and in the Federal Register.

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