SEC and CFTC Release Joint Framework for Crypto Asset Classification

• SEC and CFTC classify digital assets into five groups, defining jurisdiction and improving regulatory clarity across markets.
• Bitcoin, Ether, Solana, and XRP fall under CFTC as commodities, while tokenized securities remain under SEC oversight.
• Stablecoins and utility tokens are mostly non-securities, but classification depends on use under the Howey Test rules.

U.S. regulators introduced a joint framework defining digital asset classifications to clarify how laws apply to crypto markets. The Securities and Exchange Commission and the Commodity Futures Trading Commission outlined five categories. According to the agencies, the move explains jurisdiction, reduces uncertainty, and follows a recent Memorandum of Understanding between both regulators.

The framework groups digital assets into digital commodities, stablecoins, tokenized securities, NFTs, and digital tools. Each category reflects how an asset functions within financial systems. Notably, regulators classify digital commodities as non-securities driven by supply, demand, and system functionality.

Examples include Bitcoin, Ether, Solana, and XRP, which fall under CFTC oversight. Meanwhile, tokenized securities remain subject to securities laws regardless of blockchain use. This distinction clarifies regulatory responsibility between the SEC and the CFTC.

The framework also addresses stablecoins and digital tools. According to the SEC, payment stablecoins defined under the GENIUS Act do not qualify as securities. These assets receive treatment closer to payment instruments within regulated systems.

Similarly, digital tools, often called utility tokens, serve practical functions like access, identity, or credentials. Regulators state these tokens do not fall under securities laws. NFTs, categorized as digital collectibles, also receive similar treatment unless structured differently.

However, regulators emphasized that classification depends on how assets are used. A non-security crypto asset can become an investment contract under specific conditions. This occurs when issuers promote profit expectations tied to managerial efforts.

The SEC confirmed this interpretation aligns with the Howey Test framework. It also clarified that activities like protocol mining, staking, and wrapping generally do not involve securities offerings.

Additionally, the agencies noted that obligations may end once issuers fulfill or fail commitments. According to the SEC, this framework provides a consistent basis for firms assessing compliance risks.