Interpretation of the Latest U.S. Crypto Asset Regulatory Policy: A Major Shift from 'Regulation by Enforcement' to 'Providing Clear Rules'
The U.S. SEC and CFTC jointly issued a new policy on March 17, titled "Application of the Federal Securities Laws to Certain Types of Crypto Assets and Certain Transactions Involving Crypto Assets," marking a major shift from regulation by enforcement to a clear, rules-based framework. The 68-page document classifies crypto assets into five categories: Digital Commodities (e.g., BTC, ETH, regulated by CFTC), Digital Collectibles (e.g., NFTs, memecoins, no specific oversight), Digital Tools (e.g., ENS, functional tokens), Stablecoins (exempt from securities registration if compliant with the GENIUS Act), and Digital Securities (regulated by SEC). It refines the Howey Test, emphasizing that an asset is a security only if investors expect profits from others' "essential managerial efforts." The policy also clarifies that non-security assets (like Bitcoin) can be part of an investment contract without becoming securities themselves, and outlines conditions for "de-securitization." Common activities like PoW mining, PoS staking, liquid staking tokens, wrapping, and airdrops are generally not deemed securities if they lack investment contracts or promises of managerial efforts. This framework aims to reduce compliance uncertainty and support innovation while applying functional, substance-over-form regulation.
marsbit03/19 02:34