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SEC, CFTC Say Most Crypto Assets Not Securities

SEC and CFTC clarify most crypto assets are not securities, ending regulatory uncertainty.

  • The SEC and CFTC have jointly declared that “most crypto assets” are not securities, ending over a decade of regulatory uncertainty.
  • SEC Chairman Paul S. Atkins stated the guidance provides “clear lines in clear terms” and reflects that investment contracts can end, acknowledging the reality of the market.
  • This move marks a significant pro-crypto shift for the SEC under new leadership, aiming to foster a regulatory environment where the industry can flourish in the U.S.
  • CFTC Chairman Michael S. Selig called the action a commitment to developing “workable, harmonized regulations for the new frontier of finance.”

In a landmark move on March 17, 2026, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) issued joint guidance confirming “most crypto assets” are not securities. This clarification provides market participants with long-awaited regulatory certainty. SEC Chairman Paul S. Atkins emphasized this is what regulatory agencies are supposed to do, stating it acknowledged “what the former administration refused to recognize.”

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Consequently, the new stance removes a major obstacle for American builders and entrepreneurs. Atkins sees this effort as an important bridge while Congress works on bipartisan market structure legislation. Meanwhile, the SEC‘s approach has grown more pro-crypto since last year’s leadership change. The industry has previously faced significant classification issues, oscillating between being viewed as a security or a commodity.

CFTC Chairman Michael S. Selig declared that “the wait is over” for clear guidance. He and Chairman Atkins are committed to allowing the crypto industry to flourish with rational rules. Consequently, the joint action signals a new era for crypto regulation in the United States. The U.S. is now positioned to become a central hub for crypto to thrive.

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