- The SEC has submitted a proposal that could remove many crypto assets from securities classification, pending White House review.
- A four-part framework aims to distinguish non-security tokens while clarifying when assets may still qualify as investment contracts.
- The move is positioned as a temporary regulatory step as lawmakers continue work on broader crypto legislation.
The US Securities and Exchange Commission has taken a further step towards redefining crypto regulation by proposing that many digital assets should not be treated as securities under federal law. The proposal has been forwarded to the White House Office of Management and Budget, where it is listed as pending review. If adopted, the change could influence how regulators oversee and enforce rules across the digital asset sector.
Under the proposed framework, the SEC identifies four categories of crypto assets that would typically fall outside securities classification: digital commodities, digital tools, digital collectibles including NFTs, and stablecoins. This distinction is intended to clarify the boundary between securities and non-security assets, while also outlining scenarios where certain tokens may still be considered investment contracts.
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Establishing Clearer Lines for Token Oversight
The initiative introduces a structured method for categorising crypto assets, aimed at resolving ambiguity in how different tokens are assessed under existing laws. It also provides guidance on how securities regulations apply to activities such as staking, mining, and token distribution mechanisms.
The SEC’s approach is positioned as a temporary solution, designed to operate until Congress establishes a comprehensive legislative framework for digital assets. Discussions surrounding the CLARITY Act and related measures remain ongoing, with no confirmed timeline for final approval.
In addition, the proposal reflects continued collaboration between the SEC and the Commodity Futures Trading Commission, signalling an evolving regulatory model that may involve shared oversight responsibilities.
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