SEC and CFTC Define Most Crypto Assets as Non-Securities
Here's what it means for you.
This regulatory clarity could streamline your crypto operations and investment strategies.
What happened
On March 17, 2026, the SEC and CFTC jointly clarified that most crypto assets are not classified as securities.
The Context
- Regulatory Ambiguity Resolved: This guidance ends over a decade of uncertainty in U.S. crypto regulation, previously complicated by varying interpretations of the Howey test.
- New Framework Established: The SEC's token taxonomy categorizes digital commodities, collectibles, and stablecoins under the GENIUS Act as non-securities, simplifying compliance for many crypto projects.
- Encouragement for Innovation: Industry stakeholders are optimistic, viewing this as a catalyst for U.S.-based innovation and investment in the crypto space.
The Number
—the maximum permissible amount for fundraising under the proposed investment contract safe harbor within a 12-month period, enhancing opportunities for compliant crypto projects.
Takeaway
Anticipate further legislative developments, like the CLARITY Act, that could further shape the crypto landscape.
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