SEC says most crypto assets fall outside securities laws, including staking, airdrops, and mining
The SEC is clarifying which crypto assets are considered securities, excluding many common activities like staking and mining.Summary
SEC Chair Paul Atkins announced a new framework to classify crypto assets, aiming to end uncertainty regarding securities laws. The framework, based on the GENIUS Act, will categorize digital commodities, collectibles, tools, and payment stablecoins as non-securities, while only tokenized traditional securities will remain subject to existing laws. This interpretation extends to activities like Bitcoin mining, airdrops, and staking. Atkins emphasized that an asset not initially a security could fall under securities laws if offered as part of an investment contract, and clarified when that contract ends, potentially freeing the asset from SEC statutes. He also previewed “Regulation Crypto Assets,” including potential exemptions for startups ($5 million over four years) and fundraising ($75 million in 12 months), alongside an investment contract safe harbor. Atkins stressed the need for Congressional action through legislation like the CLARITY Act for comprehensive regulation.
(Source：Crypto Briefing)