SEC and CFTC Define Most Crypto Assets as Non-Securities
Here's what it means for you.
This regulatory clarity could unlock new opportunities for innovation and investment in the crypto space.
What happened
On March 17, 2026, the SEC and CFTC issued guidance categorizing most crypto assets as non-securities.
The Context
- Decade of uncertainty: Prior to this guidance, inconsistent application of the Howey test led to confusion over the classification of many tokens.
- Pro-crypto leadership: The appointment of SEC Chair Paul S. Atkins and the passage of the GENIUS Act in 2025 set the stage for this regulatory shift.
- New token taxonomy: The SEC now defines four categories of non-securities: digital commodities, collectibles, tools, and compliant stablecoins.
The Number
— The categories of crypto assets explicitly classified as non-securities, which could streamline compliance and foster innovation in the industry.
Takeaway
Expect a surge in U.S. crypto innovation as the new guidelines take effect, potentially influencing global standards.
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