US SEC and CFTC Jointly "Unbind": Crypto Assets Are "Digital Commodities" Not "Securities"
The U.S. SEC and CFTC have jointly issued new interpretive guidance clarifying that most crypto assets are not securities. Instead, they are classified as digital commodities, digital collectibles, digital tools, or stablecoins—provided stablecoin issuers do not pay interest. Only tokenized assets that represent traditional financial instruments are considered securities.
Key classifications include:
- Digital commodities (e.g., Bitcoin, Ethereum) are non-securities whose value derives from utility and market dynamics.
- Digital collectibles (e.g., NFTs, meme coins) are for collection or use.
- Digital tools (e.g., membership tokens, credentials) serve functional purposes.
- Stablecoins are non-securities if they do not pay yields.
The guidance also states that DeFi mining, staking, wrapped assets, and airdrops generally do not constitute securities offerings—unless airdrops require active effort (creating an investment contract risk). Notably, a token initially sold as a security can later be reclassified as a non-security if it becomes decentralized or gains utility.
This clarity is expected to benefit crypto IPOs (e.g., exchanges like OKX and Kraken), DeFi protocols, and prediction markets like Polymarket by reducing regulatory uncertainty and attracting institutional liquidity. However, increased regulatory alignment may reduce innovation in gray areas and raise compliance costs. Overall, the move signals tighter integration with mainstream finance, potentially ensuring the industry’s broader adoption and stability.
Odaily星球日报03/18 10:18