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SEC Issues Fresh Crypto Guidance on Staking Tokens, Buybacks, and the Howey Test

SEC Issues Fresh Crypto Guidance on Staking Tokens, Buybacks, and the Howey Test


The watchdog’s Division of Corporation Finance has published a new set of crypto FAQs. Here are the most important topics.

The failure of the CLARITY Act in the US Senate on September 15 hasn’t deterred the two largest local regulators from trying to clear the air on crypto regulation in the country, with the Securities and Exchange Commission now issuing fresh staff guidance addressing several long-running questions.

The new set of FAQs focuses heavily on when tokens may fall outside securities regulation and what types of issuer activity do or do not create new Howey-related concerns.

New Set of FAQs

One of the more notable sections addresses Staking Receipt Tokens,…

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