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SEC's Crypto Interpretive Guidance: New Game in Town But Not Everyone Is Playing Along

Published

8 September 2026

Topic

regulatory

Sectors

Fintech

Geography

United States

Source

Read at jdsupra.com

Verified

Fusion42 · 8 September 2026 · Fusion42 review

The SEC and CFTC issued new interpretive guidance clarifying which crypto assets qualify as securities under federal law, applying the Howey test, but the approach, especially the abandonment prong, faces criticism from Senators for creating regulatory uncertainty and investor protection gaps. The SEC followed up with a broad rulemaking proposal including a security status safe harbor to address these issues.

This Wire brief sits within Fusion42's coverage of Fintech.

◆ The Wire takeaway

Your crypto offering just inherited more regulatory uncertainty despite new SEC guidance. You need to engage legal counsel this week to reassess your asset classification and investor communications before this issue drives away wary customers or triggers enforcement.

Coverage

1 source · 8 Sep 2026

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Topics

Fintechseccrypto-regulationhowey-testinvestor-protectionrulemaking