US Securities and Exchange Commission (SEC) Chairman Paul Atkins announced that the agency plans to prepare a “token taxonomy” in the coming months that will clarify the legal status of cryptocurrencies.
Atkins stated that this initiative is one of the key steps of the SEC’s “Project Crypto” digital asset strategy.
Speaking at the Federal Reserve Bank of Philadelphia Fintech Conference, Atkins said the SEC will draw clear distinctions between different types of digital assets, saying, “We will draw clear lines and explain them in clear terms.” According to Atkins, digital commodities, digital collectibles, and digital instruments will not be considered securities. However, “tokenized securities,” which represent investment contracts, will continue to be considered securities.
Atkins stated that the SEC’s “Project Crypto” initiative aims to create a balanced regulatory framework that supports American innovation. This initiative aims to end the uncertainty surrounding whether crypto assets qualify as securities.
“The vast majority of crypto assets are not securities per se,” Atkins said, arguing that while some tokens may be considered securities only as part of an investment contract, this relationship is not permanent.
“Once an investment contract is fulfilled or terminated, the token itself is no longer a security,” he said.
According to the new draft taxonomy, crypto assets will be divided into four basic categories:
- Digital commodities: Assets with programmatic value linked to functional, decentralized systems.
- Digital collectibles: NFTs that offer representational rights to art, music, in-game items, or similar items, with no investment expectations.
- Digital tools: Tokens used for membership, tickets, identification or access purposes.
- Tokenized securities: Assets that represent ownership of financial instruments and remain under the jurisdiction of the SEC.
Atkins argued that the common interpretation in the crypto market that “once a token is a security, always a security” lacks legal basis. He noted that investment contracts can expire over time and that networks can become self-supporting as they mature.
“A token may still be traded once the investment contract period has ended, but those transactions are no longer securities transactions,” he said.
Atkins stated that the SEC’s approach would align with the comprehensive crypto legislation Congress is working on. He noted that President Donald Trump’s goal is to complete crypto market regulation by the end of the year. He also expressed support for the confirmation process of the CFTC’s new chairman nominee, Mike Selig.
“The SEC’s goal is not to expand its jurisdiction; it is to protect investors while supporting capital formation,” Atkins said.
Atkins stated that the new framework would provide regulatory clarity but would not compromise on fraud, warning, “If you raise funds from investors and disappear, the SEC will find you.” Atkins urged entrepreneurs to “innovate in America with clear rules” and said regulators must act “fairly, consistently, and proportionately.”
Atkins concluded his speech with these words:
“Regulators alone won’t determine the fate of the crypto market. The market will. But clear and reasonable rules can make America a pioneer of financial innovation. We will not let fear keep us trapped in the past.”
*This is not investment advice.