SEC Declares 'Most Crypto Assets' Not Securities, Including Staking, Airdrops and Bitcoin Mining

Summary

The U.S. Securities and Exchange Commission (SEC) issued comprehensive guidance indicating that most crypto assets are not classified as securities. The guidelines clarify criteria for determining when a crypto asset qualifies as a security, specifically outlining that protocol mining, staking, and airdrops do not meet this definition. SEC Chair Paul Atkins emphasized that these clarifications end extended regulatory uncertainty, giving market participants a clearer framework for compliance. He also stated that the guidance recognizes most crypto assets themselves are not securities and acknowledges that investment contracts related to crypto assets can conclude. This guidance aims to facilitate entrepreneurship and investing ahead of anticipated bipartisan market structure legislation.