金色财经|Sep 27, 2026 05:34
[SEC Staff Releases New FAQ Clarifying Boundaries of Staking Tokens, Token Buybacks, and Howey Test Applicability]
According to a report by CryptoPotato and NewsBTC on September 27, the U.S. Securities and Exchange Commission's Division of Corporation Finance released a new batch of frequently asked questions (FAQ) on crypto assets on September 25. The topics covered include token buybacks, network development and upgrades, staking tokens, and secondary market trading platforms. The document states that when issuers describe buybacks as a means of generating profits or returns, such buybacks may be subject to investment contract analysis. Staking tokens linked to digital commodities that do not qualify as investment contracts can be considered digital tools that merely prove ownership of the underlying assets. When issued by protocol-based liquid staking service providers, they may also constitute digital commodities. The SEC emphasized that this document serves as staff guidance, does not establish new rules, and does not alter existing laws.
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