SEC Clarifies Crypto Asset Classification, Excludes Most from Securities Definition

The U.S. Securities and Exchange Commission (SEC) announced on Tuesday that the majority of cryptocurrency assets will not be classified as securities. According to NS3.AI, the SEC specifically stated that activities such as protocol mining, staking, and airdrops do not fall under the definition of an investment contract. SEC Chair Paul Atkins highlighted that this interpretation provides market participants with clearer guidelines under federal securities laws, addressing over a decade of ambiguity. Following the SEC's announcement, the Commodity Futures Trading Commission (CFTC) declared that it would align its administration of the Commodity Exchange Act with the SEC's interpretation. Atkins further noted that this guidance could act as a transitional measure while Congress develops bipartisan legislation on market structure.