In one of its first actions since signing a memorandum of understanding with the Commodity Futures Trading Commission (CFTC), the US Securities and Exchange Commission (SEC) said it would interpret how “non-security crypto assets” fall under federal securities laws.
In a Tuesday notice, the SEC said its interpretation of how to address crypto assets would serve as an “important bridge” as lawmakers in the US Congress consider market structure legislation which will codify how financial regulators oversee digital assets.
The commission said the interpretation would provide a “coherent token taxonomy for digital commodities, digital collectibles, digital tools, stablecoins, and digital securities,” address how a “non-security crypto asset” may or may not be considered an investment contract under the SEC’s purview, and clarify federal securities laws on “airdrops, protocol mining, protocol staking, and the wrapping of a non-security crypto asset.”
“This is what regulatory agencies are supposed to do: draw clear lines in clear terms,” said SEC Chair Paul Atkins. “It also acknowledges what the former administration refused to recognize -– that most crypto assets are not themselves securities. And it reflects the reality that investment contracts can come to an end.”
According to Atkins’ prepared remarks for the DC Blockchain Summit on Tuesday, “only one crypto asset class remains subject to the securities laws” under the interpretation, and those were “traditional securities that are tokenized.” The commission called on market participants to review the interpretation to “better understand the regulatory jurisdiction between the SEC and CFTC” on cryptocurrencies.
Related: SEC, CFTC sign memo to regulate crypto, other markets in harmony
The SEC notice came as lawmakers in the US Senate continue to negotiate terms under which they may reach an agreement on a digital asset market structure bill. The legislation is expected to give the CFTC more authority in overseeing cryptocurrencies.
Shakeup in SEC enforcement leadership draws criticism
On Monday, the SEC announced that its enforcement division director, Margaret Ryan, has resigned from the agency. Its principal deputy director, Sam Waldon, was named as acting enforcement director.
In response to Ryan’s departure, former SEC official John Reed Stark said “not a single person on this planet” believed the commission’s claims that the enforcement director prioritized investor protection and “renewed focus on holding individual wrongdoers accountable” at the agency.
“The SEC has abandoned its identity,” said Stark on Monday. “It has transformed from the cop on Wall Street’s beat into something far more troubling, a regulatory body that functions less like a law enforcement agency and more like a concierge service for the largest financial players in the country.”
A 19-year veteran of the regulator, Stark was founder and chief of the SEC’s Office of Internet Enforcement, according to his LinkedIn profile.
Atkins, along with SEC Commissioners Mark Uyeda and Hester Peirce — all Republicans — remain the only three leaders at the agency on a panel intended to consist of a bipartisan group of five members. As of Tuesday, US President Donald Trump had not announced any plans to nominate other commissioners to the SEC or CFTC, which had only one Senate-confirmed member.
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