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SEC and CFTC Update Crypto FAQs: Token Buybacks and Network Upgrades Not Automatically Securities

SEC and CFTC Update Crypto FAQs: Token Buybacks and Network Upgrades Not Automatically Securities

Huo Xing Finance reports that on September 25, the U.S. Securities and Exchange Commission’s Division of Corporation Finance released an updated FAQ clarifying that token buybacks, network upgrades, and marketing statements do not automatically render crypto assets as securities. SEC staff noted that announcing a buyback plan for an already-operating crypto network does not, by itself, cause the associated tokens to constitute an investment contract; however, if the network is not yet operational and the issuer promotes the buyback as a source of returns for holders, the situation may differ. The FAQ also clarifies that once a crypto system is operational, services provided to safeguard, maintain, improve, or enhance the system or its…

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