SEC and CFTC Release New Regulatory Guidance: Most Crypto Assets Are Not Securities

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On March 18, 2026, the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly issued 68 pages of regulatory guidance stating that most digital assets are not securities. SEC Chair Paul Atkins said the guidance clarifies how federal securities laws apply to crypto assets, introducing a classification system for stablecoins, digital commodities, and digital tools. The document outlines circumstances under which non-security assets may be treated as securities, including in mining, staking, and airdrops. This guidance impacts the securities versus commodities debate and brings greater clarity to liquidity and crypto markets. The position marks a departure from prior SEC leadership.

Odaily Planet Daily report: On Tuesday, the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly released a 68-page new regulatory guidance, clearly stating that most digital assets are not securities, aiming to provide a clearer regulatory framework for the market.

SEC Chairman Paul Atkins said at the Washington DC Blockchain Summit: “We are no longer the ‘Securities and Everything Commission.’” He noted that this interpretive guidance will help market participants better understand how federal securities laws apply to crypto assets.

The new guidance introduces a classification system for crypto assets, including categories such as stablecoins, digital commodities, and "digital tools," and states that these assets are generally not considered securities. The document also outlines the circumstances under which non-security crypto assets may be classified as securities, and clarifies how securities laws apply to activities such as mining, protocol staking, and airdrops.

This regulatory stance contrasts sharply with the previous position of U.S. regulators. During the Biden administration, former SEC Chair Gary Gensler repeatedly stated that most crypto assets are securities and initiated enforcement actions against numerous crypto companies.

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