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Home Crypto News

SEC CFTC Crypto Guidance Declares Most Assets Not Securities

Louis Adjei by Louis Adjei
May 8, 2026
in Crypto News
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SEC CFTC Crypto Guidance Declares Most Assets Not Securities
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U.S. regulators issued joint interpretive guidance on March 17, 2026, stating that most crypto assets are not securities. The Securities and Exchange Commission and Commodity Futures Trading Commission provided clear rules for key activities like staking and mining.

The interpretation ends prolonged uncertainty in the digital asset sector. SEC Chairman Paul Atkins highlighted the shift in remarks delivered the same day. He stated the guidance acknowledges that most crypto assets are not themselves securities.

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Token Taxonomy Defines Asset Categories

The framework creates a five-part token taxonomy. It classifies crypto assets as digital commodities, digital collectibles, digital tools, stablecoins or digital securities.

Digital commodities form the primary non-security group. Assets such as Ether, Solana and XRP fit this category under CFTC oversight. Only tokenized versions of traditional securities remain as digital securities under SEC rules.

The CFTC confirmed it will apply the Commodity Exchange Act in line with the SEC interpretation. Certain non-security crypto assets qualify as commodities.

Activities Like Staking and Mining Gain Clarity

The guidance addresses blockchain operations directly. Protocol mining on proof-of-work networks and protocol staking on proof-of-stake networks do not constitute offers or sales of securities. This applies to solo, custodial and liquid staking when conducted as outlined.

Qualifying airdrops fall outside securities laws. Wrapping of non-security crypto assets receives the same treatment.

These provisions cover public, permissionless networks. They eliminate registration needs for participants in compliant activities.

Impact on Major Assets and Market Participants

The classifications benefit leading tokens. Ether, Solana and XRP now hold commodity status. This reduces legal hurdles for exchanges, developers and institutional investors.

Finance professionals receive a structured approach to compliance. The interpretation replaces enforcement-focused decisions with upfront standards. It balances innovation and investor safeguards.

The document interprets existing laws without new legislation. It will appear in the Federal Register after publication on SEC.gov.

What Follows the Guidance Release

No immediate deadlines appear in the materials. The agencies may pursue additional coordinated steps through their harmonization efforts. Separate congressional work on market structure continues independently.

Industry response has been positive. The framework offers projects and platforms a foundation for operations without litigation risks.

The release stands as the most substantial federal crypto classification update in recent years. It supports broader market integration for digital assets.

Disclaimer

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Tags: CFTCSEC
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Louis Adjei

Louis Adjei

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