SEC declares Meme Coins as non-securities under federal law

February 28, 2025
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SEC declares Meme Coins as non-securities under federal law

The U.S. Securities and Exchange Commission (SEC) has officially stated that Meme Coins, a category of cryptocurrency assets inspired by internet memes, are not classified as securities under federal law. This clarification exempts meme coin transactions from the registration requirements and investor protections typically associated with securities.

According to a staff statement released by the SEC's Division of Corporation Finance, Meme Coins do not meet the definition of a security as outlined in the Securities Act of 1933 and the Securities Exchange Act of 1934.

The statement explains that Meme Coins lack characteristics such as generating yield or conveying rights to future income, profits, or assets of a business, which are typical features of securities. Instead, the value of meme coins is derived from speculative trading and collective market sentiment, making them more akin to collectibles.

The SEC's announcement also highlights that, since Meme Coins are not considered securities, purchasers and holders are not protected by federal securities laws. This means that individuals engaging in meme coin transactions do not need to register their activities with the SEC, nor do they fall under the regulatory framework designed to safeguard investors in traditional securities markets.

However, the SEC cautions that while Meme Coins themselves are not subject to federal securities laws, fraudulent activities related to their offer and sale may still be prosecuted under other federal or state laws.

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The agency also emphasizes that this stance does not extend to products labeled as "Meme Coins" that are designed to evade securities regulations by disguising assets that would otherwise be classified as securities.

This clarification from the SEC provides much-needed guidance for participants in the rapidly evolving cryptocurrency market, particularly those involved with Meme Coins. While the designation of Meme Coins as non-securities may reduce certain regulatory burdens, it also underscores the importance of due diligence and awareness of potential risks, as traditional investor protections do not apply.

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