JUST IN: 🇺🇸 The #SEC keeps moving on crypto without Congress, adding 3 new answers on who controls a crypto network.

Under the new guidance:

1. Token holders voting on a network generally don’t count as a “central party,” unless they’re affiliated or agree to act together.

2. A central party “oversees participation” if it can control access at the protocol, validator or user level.

3. A network being “functional” (its token actually works on it) is different from being “decentralized” (no one controls it).

It’s the SEC’s latest crypto move since the CLARITY Act failed a Senate vote 49 to 50 on Sept 15:

- Sept 17: an exemption for trading tokenized US stocks on blockchain venues

- Sept 25: a crypto FAQ on how securities laws apply to tokens

- Oct 1: a proposal on how investment advisers and funds can hold crypto

$USDC $HOT $BTC

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