Mar 18 • 19:03 UTC 🇬🇧 UK Guardian

US financial regulator issues long-awaited cryptocurrency guidance

The US SEC has issued new guidance categorizing cryptocurrencies and detailing how certain assets can be treated under securities laws.

On Tuesday, the US Securities and Exchange Commission (SEC) unveiled new guidance that clarifies its stance on cryptocurrencies, determining which types of digital assets are classified as securities. This comes as part of a broader initiative to regulate the rapidly evolving crypto landscape more effectively. In conjunction with the US Commodity Futures Trading Commission, they categorized cryptocurrencies into five distinct groups: digital commodities, digital collectibles, digital tools, stablecoins, and digital securities, emphasizing that the stringent federal securities laws will only apply to the digital securities category.

The SEC guidance also included important details on how assets that are initially classified as 'non-securities' could later be deemed securities if certain conditions are met. Specifically, if a crypto asset is offered in such a way that encourages investment in a common enterprise with an expectation of profit, it may fall under the securities laws. This provision aims to adapt to the changing dynamics of the crypto market, ensuring that investors are protected and that regulatory frameworks can respond to innovation in this field.

SEC Chair Paul Atkins has indicated that this set of guidance is part of a larger overhaul of capital markets regulation, designed to incorporate cryptocurrencies and blockchain technologies into the existing financial system. This guidance marks a significant step in regulating the crypto market and could lead to a more defined legal environment for crypto businesses, fostering innovation while providing necessary investor protections.

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