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ARTICLE · 24 MARCH 2026

SEC Clarifies Status Of Crypto Assets Under Federal Securities Laws, Signals Potential Exemptive And Safe Harbor Framework

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On March 17, 2026, the U.S. Securities and Exchange Commission (SEC) issued an interpretive release addressing the application of the federal securities laws to...

United StatesTechnology
Tracy S. Combs
Tracy S. Combs
Barbara A. Jones
Barbara A. Jones
William Mack
William Mack
Marina Olman-Pal
Marina Olman-Pal
Erika Cabo
Erika Cabo
Douglas Arend
Douglas Arend

On March 17, 2026, the U.S. Securities and Exchange Commission (SEC) issued an interpretive release addressing the application of the federal securities laws to crypto assets and related transactions. The Commodity Futures Trading Commission (CFTC) joined the interpretation and indicated it will administer the Commodity Exchange Act (CEA) consistent with the SEC's approach, reflecting a coordinated regulatory position across the two agencies.

The release represents the most significant step by the SEC to date in clarifying the application of existing federal securities law principles to crypto assets. In remarks delivered the same day at The Digital Chamber's Blockchain Summit, SEC Chairman Paul S. Atkins outlined a potential framework – referred to as "Regulation Crypto Assets" – that could include tailored exemptions and a safe harbor for certain crypto-related offerings.

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