One of the most striking aspects of the news was the SEC’s new taxonomy (classification) approach. Atkins stated that, unlike the past “everything is a security” approach, they have made a clear distinction.
They stated that they have clarified that digital commodities, collectibles, and instruments are not considered securities. They also reminded that payment-oriented stablecoins are overseen by banking regulators (OCC) and the CFTC, not the SEC. Adhering to the principles of the “Howey Test,” they explained that an asset cannot remain a security forever; its status can end when promises are fulfilled or functionality is gained.
Atkins announced the end of the long-running jurisdictional dispute between the SEC and the Commodity Futures Trading Commission (CFTC). Describing the release of joint guidance from the two agencies as a “historic moment,” Atkins stated that the appointment of Mike Seelig as CFTC Chairman further strengthened this cooperation.
Expressing his excitement about the modernization of the financial system, the Chairman focused particularly on the tokenization of securities and instant clearing (T0) capabilities. Describing NASDAQ’s transition to a tokenized clearing system as “baby steps,” Atkins stated that such experiments should continue and that the SEC is working on facilitating regulations such as an “Innovation Exemption,” which could become clearer within a few weeks.
Chairman Atkins concluded by stating that they aim to establish a solid foundation for digital asset markets by the end of 2026.
*This is not investment advice.