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

March 20, 2026
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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 because the unique Howey determination. For enterprise groups constructing on Ethereum, the implications are quick and materials.

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

1. SEC and CFTC Joint Crypto Token Taxonomy

The SEC and CFTC collectively declared that the majority crypto property should not securities. The companies printed 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 purposeful use circumstances
GENIUS Act stablecoins — cost stablecoins beneath the brand new legislative framework

Solely “digital securities” — tokenized variations of conventional securities — stay beneath 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 Launch | CFTC Press Launch

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

SEC Chairman Paul Atkins proposed Regulation Crypto Property — a structured secure harbor framework designed to present crypto tasks regulatory certainty throughout improvement 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 secure harbor: tokens exit SEC oversight as soon as undertaking groups ship on their said aims

For enterprises evaluating token-based fashions — whether or not for provide chain, identification, or monetary merchandise — this framework removes a significant 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 straight 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 functions that depend on non-custodial architectures, this units a precedent.

🔗 CFTC Press Launch

What This Means for Enterprise Ethereum

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

Corporations which were 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 secure harbor tells you the right way to fundraise legally. And the pockets no-action letter tells you that self-custodial infrastructure isn’t 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 way of our weekly Coverage Friday sequence, working teams, and direct engagement with policymakers. In case your group is constructing on Ethereum and navigating the regulatory panorama, be part of the EEA right this moment.



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Tags: assetsCFTCcryptoDeclareenterpriseEthereumFridayMeansPolicySECSecurities
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