Protocol Staking Under the Federal Securities Laws -
Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs...more
6/2/2025
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Cryptoassets ,
Cryptocurrency ,
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Howey ,
Investment Contract ,
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Securities and Exchange Commission (SEC) ,
Securities Regulation
The Staff noted that Securities Exchange Act (SEA) Rule 15c3-3(b) only applies to securities carried by a broker-dealer. Accordingly, if a broker-dealer carries non-security crypto assets (e.g., Bitcoin or Ether), a...more
The Division’s statement specifically addresses the mining of crypto assets that are intrinsically linked to the programmatic functioning of a public, permissionless network. These assets, referred to by the Division as...more