SEC: Most Crypto Tokens Are Not Securities — What It Means for the Market

Sam Watson By Sam Watson
7 Min Read

⚠ This article is for informational purposes only and does not constitute financial or investment advice. Always do your own research.

On March 17, 2026, SEC Chair Paul Atkins told the DC Blockchain Summit that most crypto assets do not qualify as securities under federal law. The statement marks a sharp pivot from the enforcement-first posture of the previous administration and has immediate consequences for every project, exchange, and investor operating in the US crypto market.

What Atkins Actually Said

Speaking at the DC Blockchain Summit, Atkins stated that only one category of digital asset remains clearly within the SEC’s jurisdiction: traditional securities that have been tokenized on a blockchain. Everything else, which covers the vast majority of tokens in circulation, does not meet the legal definition of a security under US law.

This is a significant departure from the position held by former SEC Chair Gary Gensler, who argued that most tokens were unregistered securities and used that interpretation as the basis for dozens of enforcement actions against exchanges and projects including Coinbase, Ripple, and Kraken.

Why This Matters for the Crypto Market

The regulatory overhang from securities classification has been one of the primary reasons institutional capital has stayed on the sidelines in US crypto markets. When the government treats a portfolio of tokens as unregistered securities, the legal risk of holding or trading them becomes difficult for compliance-sensitive institutions to accept.

Atkins’ statement removes that overhang for the majority of assets. Projects that have been operating under the shadow of potential SEC action now have clearer legal ground. Exchanges can list assets with greater confidence. Institutional allocators have fewer compliance obstacles to justify increased exposure.

Bitcoin was trading around $74,000 on March 18, 2026, consolidating near resistance as traders weighed the regulatory news against an upcoming Federal Reserve decision. Solana was trading near $94, and BNB held around $674 at the time of publication.

One Category Still Under SEC Oversight

Atkins was precise in defining what does remain under SEC jurisdiction: tokenized versions of traditional securities. If a stock, bond, or other regulated instrument is wrapped in a token and traded on chain, the underlying nature of the instrument does not change. The SEC retains full authority over those assets regardless of the blockchain packaging.

This distinction matters for the growing tokenized real world assets sector, which has seen significant institutional interest throughout 2025 and into 2026. Tokenized US Treasuries, equities, and credit instruments will continue to operate under existing securities law.

The CLARITY Act Context

The statement comes alongside ongoing legislative efforts in Congress. The Digital Asset Market Clarity Act passed the House in July 2025 with a 294 to 134 vote. The bill is designed to establish a federal framework dividing digital asset oversight between the SEC and the CFTC. The Senate has faced delays in advancing the bill, but Atkins’ public position signals that the SEC under the current administration is already aligning with the bill’s core philosophy: that most crypto assets are commodities, not securities.

Spot ETF Applications Now More Viable

Fidelity, VanEck, and Invesco all have live spot Solana ETF applications before the SEC. The new regulatory posture makes approval significantly more likely than it appeared six months ago, according to multiple analysts tracking the applications. Spot Bitcoin ETFs were approved in January 2024 and have since attracted tens of billions in institutional inflows. A clearer framework for altcoins opens the door to the next wave of crypto ETF products.

What Comes Next

The crypto market’s immediate reaction will depend on whether the statement translates into formal guidance or rulemaking. A speech at an industry conference carries weight but is not binding legal precedent. Projects and exchanges that faced prior SEC enforcement actions, including those with ongoing litigation, will be watching closely to see whether the agency moves to formally drop or settle outstanding cases.

For retail and institutional investors alike, the direction of travel is now clearer than it has been at any point in the past four years. Whether that clarity turns into lasting policy is the question the market will be pricing in over the coming months.

Frequently Asked Questions

Does this mean all crypto tokens are now legal in the US?

Not entirely. Atkins clarified that tokenized traditional securities still fall under SEC jurisdiction. The statement addresses the securities classification question but does not override other regulatory frameworks such as FinCEN anti money laundering rules or CFTC oversight of derivatives markets.

Does this affect Bitcoin and Ethereum specifically?

Bitcoin has long been considered a commodity, not a security, by both the SEC and the CFTC. Ethereum’s status was more contested under the previous administration. Atkins’ statement reinforces the commodity classification for both assets and provides broader clarity for the wider market.

What happens to ongoing SEC enforcement cases against crypto firms?

That remains to be determined. The statement signals intent, but formal dismissals or settlements require separate legal proceedings. Firms with active SEC litigation will need to assess their individual positions on a case by case basis.

How does this change the outlook for crypto ETFs?

A clearer regulatory framework makes it significantly easier for the SEC to approve new crypto ETF applications without internal contradiction. Spot Solana and other altcoin ETF applications are now considered considerably more viable under the current regulatory stance.

Share This Article
Follow:
I’m Sam Watson, a writer at The Central Bulletin who loves exploring new technology like AI and cryptocurrency. I enjoy turning complex ideas into easy-to-understand stories that help people learn how technology affects their lives. My goal is to make technology interesting and clear so everyone can stay informed and confident about the future.