The SEC has determined that meme coins do not qualify as securities under federal law, according to an announcement by its Office of Market Oversight. This decision, issued Wednesday, changes how these assets are regulated and impacts decentralized finance (DeFi) platforms, investors, and traders.
The SEC applied the Howey Test, a legal benchmark used to classify securities, which requires an asset to meet four criteria: an investment of money, a shared business venture, an expectation of profit, and reliance on others’ efforts.
The agency concluded meme coins fail two key points:
The ruling has triggered several effects:
“The offer and sale of meme coins does not involve an investment in an enterprise nor is it undertaken with a reasonable expectation of profits to be derived from the entrepreneurial or managerial efforts of others,” the SEC says in a staff statement.
This decision follows recent SEC actions to reduce enforcement against crypto staking services and stablecoins, signaling a shift toward clearer guidelines for crypto assets. The move aims to distinguish meme coins from utility tokens and securities while supporting blockchain infrastructure development.
Meme coin prices rose modestly post-announcement, with platforms like KuCoin noting a 7% increase in SHIB trading. ETHNews analysts suggest the clarity might attract institutional investors exploring high-risk crypto strategies. However, challenges persist, including potential price manipulation and technical vulnerabilities in blockchain networks.
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