SEC Crypto Guidance Is a Major Step, but More Is Needed: Analyst
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The recent guidance from the United States Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission establishing a taxonomy for digital assets put a “final nail” in the coffin of SEC policy under former Chairman Gary Gensler, according to Alex Thorn, the head of firmwide research at investment firm Galaxy. The SEC guidance, published on Tuesday, established a taxonomy for digital assets, dividing them into five categories, including digital commodities, digital collectibles like non-fungible tokens (NFTs), digital tools, stablecoins, and tokenized securities. The SEC guidance published on Tuesday establishes which digital assets qualify as securities. Source: SEC Under the old SEC policy framework, the regulations governing which cryptocurrencies met the legal criteria of “investment contracts” were legislative rules, as opposed to the new 2026 guidance that was filed as an interpretive rule, Thorn said. He explained the significance: “The distinction matters enormously under the Administrative Procedure Act (APA). A legislative rule or substantive rule goes through notice-and-comment rule-making, has the force and effect of law, and binds both the agency and regulated parties. An interpretive rule is exempt from notice-and-comment requirements, does not have the force of law, and merely explains how the agency understands existing statutory provisions,” he continued. The interpretive rule does not legally bind courts to enforce the policies, which gives the SEC and the crypto industry flexibility in adapting to future regulatory changes, he added. The new regulatory approach gives the crypto industry much-needed clarity over the next 30 months, Thorn Said; however, he clarified that the CLARITY crypto market structure bill must be codified into law to cement the rules over the next several decades. Related: SEC interpretation on crypto laws ‘a beginning, not an end,’ says Atkins The CLARITY Act stalls, but rumors emerge of a tentative deal between White House and…
Filed under: News - @ March 22, 2026 12:14 am