CFTC and SEC Issue Joint Interpretation That Bitcoin, Ethereum, XRP and Others Are 'Not Securities in Principle'

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Summary · why it matters

Michael Selig, chairman of the U.S. Commodity Futures Trading Commission, said in an October 5 speech that the CFTC and the U.S. Securities and Exchange Commission had produced a joint interpretation on crypto assets, expressing the view that Bitcoin, Ethereum, XRP and others are not securities in principle. In March, the two agencies published a joint interpretation classifying crypto assets into five categories: digital commodities, digital collectibles, digital tools, stablecoins, and digital securities. Of these, the three categories of digital commodities, digital collectibles, and digital tools are deemed not to be securities in principle. Digital commodities include Bitcoin, Ethereum, and XRP, as well as Solana, Stellar, and Tezos, and are positioned as assets whose prices arise not from expectations of profits based on the managerial efforts of a company or other entity, but from a functioning crypto asset system or from supply and demand. The joint interpretation also indicated that even if a crypto asset itself is not a security, it may fall under federal securities law if sold as part of an investment contract. In his speech, Chairman Selig also explained a new regulatory framework for retail crypto asset trading based on this classification, and the CFTC on the same day published an advance notice of proposed rulemaking covering retail transactions involving margin, leverage, and lending, and began soliciting public comment. Under the new framework, the agency is considering establishing a market segment called the Crypto Asset Market that would allow eligible crypto asset exchanges to operate under federal regulation, and has also presented a proposal to require exchanges that manage customer assets in aggregate to provide proof of reserves backing the crypto assets they hold.

Impact on assets 3

Others▲ · 3 stocks
Bitcoin
BTC-USD
▲ PositiveRegulationrelevance

CFTC/SEC joint interpretation classifies Bitcoin as a digital commodity that is not a security in principle, plus a new federal retail trading framework.

Ethereum
ETH-USD
▲ PositiveRegulationrelevance

Ethereum is named among digital commodities deemed not securities in principle under the CFTC/SEC joint interpretation.

XRP
XRP-USD
▲ PositiveRegulationrelevance

XRP is explicitly listed as a digital commodity that is not a security in principle under the joint CFTC/SEC interpretation.

Theme Impact 1

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