CTF Written Submission

Re: Application of the Federal Securities Laws to the Digital Asset Market

May 1, 2025
  • The SEC should clarify that most digital assets and digital-asset transactions are not investment contracts under current law.
  • The SEC should use its exemptive authority to make clear that digital assets and transactions without forward-looking contractual obligations are not subject to federal securities laws.
  • If a safe harbor is established, it should be based on the concept of "control" rather than ownership to determine the applicability of securities laws.

Last Reviewed or Updated: May 2, 2025