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    Home»Ethereum»Policy Friday #6: SEC and CFTC Declare Most Crypto Assets Are Not Securities — What It Means for Enterprise Ethereum
    Ethereum

    Policy Friday #6: SEC and CFTC Declare Most Crypto Assets Are Not Securities — What It Means for Enterprise Ethereum

    CryptoGateBy CryptoGateMarch 21, 2026No Comments3 Mins Read
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    March 17, 2026: The Day US Crypto Regulation Modified

    Three coordinated regulatory actions landed on the identical day final week — and collectively they characterize probably the most vital shift in US crypto coverage for the reason that unique Howey resolution. For enterprise groups constructing on Ethereum, the implications are fast and materials.

    The EEA’s Coverage Friday collection tracks weekly regulatory developments throughout seven US federal businesses. This week, we reviewed 29 paperwork from the SEC, CFTC, Federal Reserve, OCC, Treasury, and FinCEN. Three gadgets handed our editorial filter — all from March 17.

    1. SEC and CFTC Joint Crypto Token Taxonomy

    The SEC and CFTC collectively declared that almost all crypto property are not securities. The businesses revealed a binding token taxonomy with 4 non-security classes:

    • Digital commodities — fungible tokens traded on commodity markets
    • Digital collectibles — NFTs and distinctive digital property
    • Digital instruments — utility tokens with practical use circumstances
    • GENIUS Act stablecoins — cost stablecoins underneath the brand new legislative framework

    Solely “digital securities” — tokenized variations of conventional securities — stay underneath SEC jurisdiction. The interpretation additionally establishes, for the primary time, clear guidelines for when an funding contract terminates, giving token issuers an outlined path out of SEC oversight.

    🔗 SEC Press Release | CFTC Press Release

    2. Regulation Crypto Property: Chairman Atkins’ Three-Tier Secure Harbor

    SEC Chairman Paul Atkins proposed Regulation Crypto Property — a structured protected harbor framework designed to present crypto initiatives regulatory certainty throughout growth and fundraising:

    • Startup exemption: increase as much as $5 million over 4 years with out registration
    • Fundraising exemption: increase as much as $75 million yearly with streamlined disclosure
    • Funding contract protected harbor: tokens exit SEC oversight as soon as venture groups ship on their said targets

    For enterprises evaluating token-based fashions — whether or not for provide chain, id, or monetary merchandise — this framework removes a serious supply of authorized uncertainty.

    🔗 Full remarks from Chairman Atkins

    3. CFTC Clears Self-Custodial Pockets Infrastructure

    The CFTC granted Phantom Applied sciences a no-action letter permitting self-custodial pockets software program to attach customers immediately with registered futures brokers and exchanges — with out the pockets supplier needing to register as an introducing dealer.

    That is the primary formal regulatory blessing of DeFi pockets infrastructure by a US federal company. For enterprise purposes that depend on non-custodial architectures, this units a precedent.

    🔗 CFTC Press Release

    What This Means for Enterprise Ethereum

    These three actions, taken collectively, do one thing that years of enforcement-driven regulation by no means might: they offer enterprises clear classes, outlined exemptions, and predictable outcomes.

    Firms which have been ready for regulatory readability earlier than launching Ethereum-based merchandise now have a framework to work inside. The token taxonomy tells you what class your asset falls into. The protected harbor tells you tips on how to fundraise legally. And the pockets no-action letter tells you that self-custodial infrastructure shouldn’t be a registration set off.

    The door for institutional Ethereum adoption opened wider this week than at any level prior to now decade.

    Associated studying: From Code to Capital: What It Will Take for Tokenized Collateral to Scale | How Public and Permissioned Networks Are Converging

    Keep Forward of Regulatory Shifts

    EEA members get early entry to regulatory intelligence like this by means of our weekly Coverage Friday collection, working teams, and direct engagement with policymakers. In case your group is constructing on Ethereum and navigating the regulatory panorama, join the EEA today.



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