Howey 测试
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美 SEC 主席演讲:关于代币的四种分类
Xin Lang Cai Jing· 2025-11-13 23:56
Group 1 - The core principle of Project Crypto is to establish a regulatory framework that aligns with the vibrancy of American innovators while applying federal securities laws to crypto assets and related transactions [2][3] - The SEC is expected to develop a token classification system based on the Howey investment contract analysis, recognizing the boundaries of existing laws [2][3] - The SEC supports Congress in creating a comprehensive cryptocurrency market structure framework, which aims to complement rather than replace legislative efforts [3][19] Group 2 - The SEC emphasizes the importance of a clear token classification system to distinguish between different types of crypto assets [3][9] - The Howey test will be applied to determine whether certain crypto assets are considered investment contracts, focusing on the economic substance rather than labels [11][12] - The SEC acknowledges that many crypto assets currently traded are not securities, and the classification should depend on the nature of the asset and the expectations of the investors [5][9] Group 3 - The SEC outlines that "digital commodities" or "network tokens" are not securities, as their value is derived from the functioning of decentralized systems rather than from the efforts of others [9][10] - "Digital collectibles" and "digital tools" are also classified as non-securities, as they do not involve expectations of profit from the efforts of others [9][10] - "Tokenized securities" will continue to be classified as securities, representing ownership of financial instruments defined under securities law [10] Group 4 - The SEC plans to consider a series of exemptions for crypto assets that are part of investment contracts, aiming to create a tailored issuance framework [18] - The goal is to simplify the regulatory process, allowing innovators in the blockchain space to focus on development and user engagement rather than navigating regulatory uncertainties [18] - The SEC will collaborate with other regulatory bodies to ensure that non-security crypto assets have an appropriate regulatory framework [18][20] Group 5 - The SEC's approach is not a relaxation of enforcement but a commitment to integrity and transparency, ensuring that fraudulent activities are still subject to scrutiny [20][21] - The framework aims to provide clear rules for entrepreneurs and investors, distinguishing between different types of crypto assets [20][21] - The SEC recognizes the importance of maintaining a balance between protecting investors and fostering innovation in the financial sector [21][22]
美 SEC 主席拟推“通证分类法”以明晰加密资产监管框架
Xin Lang Cai Jing· 2025-11-12 16:22
Core Viewpoint - The SEC Chairman Paul Atkins plans to establish a "token classification system" based on the Howey test to clarify which crypto assets qualify as securities [1] Group 1: Regulatory Framework - The proposed framework is not intended to relax enforcement commitments, and fraudulent activities will continue to be strictly monitored [1] - Atkins has instructed staff to explore proposals that would allow tokens related to investment contracts to be traded on non-SEC regulated platforms, such as CFTC registered platforms or state-regulated platforms [1] - The initiative aims to introduce a package of exemptions to create customized issuance rules for crypto assets [1] - Atkins stated that this plan is designed to complement rather than replace congressional legislation [1]