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SEC & CFTC issued regulatory clarity

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SEC & CFTC issued regulatory clarity

Disclosure: The views and opinions expressed here belong solely to the author and do not represent the views and opinions of crypto.news’ editorial.

Eight years ago, on April 29, 2018, quoting a crypto industry founder, Dr. Emin Gun Sirer, I wrote about Ethereum’s (ETH) decentralized nature, which qualified ETH as a commodity for US law purposes.

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The regulatory uncertainty, regarding whether ETH [and other digital assets] is classified as securities or commodities, has historically been a primary barrier to institutional capital adoption since it created legal risks, complicated custody, and hampered compliance, causing investors to hold back in investing.

Summary

  • SEC and CFTC issued a joint memorandum formally classifying most decentralized digital assets, including Ethereum, as commodities under US law.
  • The framework shifts oversight toward the CFTC and signals a move away from enforcement-driven regulation toward clearer, principles-based guidance.
  • Regulatory clarity is expected to ease compliance concerns and open the door for greater institutional participation in crypto markets.

Two months after I wrote my article on June 14, 2018, former SEC Director of Corporation Finance William Hinman clarified in a speech that, based on the decentralized nature of the Ethereum network, current offers and sales of Ether (ETH) were not securities transactions. This signaled that ETH functioned more like a commodity than a security, reducing regulatory uncertainty and providing temporary regulatory clarity on its legal classification. 

Nevertheless, in the absence of authoritative regulatory certainty from the SEC or the  Commodity Futures Trading Commission (CFTC), lawsuits challenged whether ETH [and other digital assets] was a regulated security or a commodity.

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Lawsuits in 2023–2024, including actions against KuCoin by the New York Attorney General (NYAG) and SEC actions involving liquid staking providers, highlighted significant regulatory uncertainty regarding whether ETH and staking services constitute securities. While early cases suggested a security classification, subsequent 2025 developments indicated a shift toward treating staking as “ministerial” and not securities, impacting the classification of ETH-related assets.

The SEC & CFTC Issued a Memorandum of Understanding (MOU)

Eight years after I wrote my article concerning the classification of ETH for US law purposes, on March 11, 2026, and the subsequent joint interpretation on March 17, 2026 the SEC and  CFTC finally issued a landmark MOU providing the most comprehensive regulatory clarity for digital assets to date resolving the uncertainty surrounding ETH [and other digital assets], with U.S. regulators formally classifying it as a commodity, overcoming the primary barrier to institutional adoption that existed in 2018. 

The guidance marked a shift from “regulation by enforcement” to a principles-based framework, explicitly stating that most digital assets are not themselves securities.  This provided regulatory clarity, placing these digital assets under the jurisdiction of the CFTC as opposed to the SEC, allowing them to be listed on designated contract markets for derivatives trading.

The CFTC has indicated a willingness to treat tokens as commodities if they are truly decentralized and not managed by a central party. The agencies define a decentralized system as one that “functions and operates autonomously with no person, entity, or group of persons or entities having operational, economic, or voting control”.  The framework acknowledges that tokens initially sold as part of an investment contract (security) can transition into a digital commodity once the network becomes sufficiently decentralized or functional.

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Digital Commodities: Digital assets intrinsically linked to a functional system are commodities, with 16 digital assets classified as commodities that represent a significant shift from previous stances that often treated many of these digital assets as securities.

As of late March 2026, these 16 tokens collectively represent approximately 78% to 80% of the total cryptocurrency market capitalization.  As of early 2026, there are over 37 million unique cryptocurrencies and digital tokens created, according to The Motley Fool.

However, only about 10,000 to 17,000 are considered active or actively tracked on major platforms like CoinGecko, with a high percentage of the total being inactive, scams, or “dead coins”.  The vast majority of this share is held by BTC and ETH, which together account for nearly 70% of the entire market.

The remaining 14 tokens contribute a combined share of roughly 8% to 10%. 

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  1. Bitcoin (BTC)
  2. Ethereum (ETH)
  3. Solana (SOL)
  4. XRP (XRP)
  5. Cardano (ADA)
  6. Chainlink (LINK)
  7. Avalanche (AVAX)
  8. Polkadot (DOT)
  9. Hedera (HBAR)
  10. Litecoin (LTC)
  11. Dogecoin (DOGE)
  12. Shiba Inu (SHIB)
  13. Tezos (XTZ)
  14. Bitcoin Cash (BCH)
  15. Aptos (APT)
  16. Stellar (XLM) 

Based on the MOU, native tokens that are intrinsically linked to a functional, decentralized crypto system—such as those used for “gas” (transaction fees) or governance—generally do not meet the definition of an investment contract under the Howey test and are not securities.

Xin Yan, Co-Founder and CEO of Sign, said, “The global impact of SEC and CFTC instituting a landmark joint regulatory framework is a positive one. It gives a green light to trillions of institutional capital that’s been sitting on the sidelines. I can see a lot of projects moving past the “Wild West” phase.

Digital Collectibles: The MOU issued by the SEC and CFTC significantly impacts the NFT collectible market by creating a “token taxonomy” that generally treats digital collectibles as non-securities. Digital collectibles that are fractionalized (providing fractional ownership in one asset) or structured with an expectation of profit from others’ managerial efforts may still be deemed securities.

The SEC’s 2026 interpretation clarifies that standard creator royalties do not, by themselves, transform a digital collectible into a security. However, if an NFT is marketed with promises of passive income or profits derived from the seller’s ongoing management, it could still be considered part of an investment contract (a security).

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This guidance offers a path to a more stable NFT market.   While the era of speculative profile picture NFT hype has subsided, more NFTs are being listed with a focus on utility, real-world assets (RWAs),  brand engagement,  and sports betting.

Digital Tools: Assets with functional utility, such as membership tokens or digital credentials; these are not securities.

Stablecoins: Payment stablecoins issued under the GENIUS Act are excluded from the definition of a security.   

The Stablecoin market capitalization hit a record $320 billion in March, with FATF’s report quoting Chainalysis flagging that stablecoins accounted for 84% of illicit virtual asset transaction volume in 2025, often involving unhosted wallets and complex laundering techniques designed to obscure fund origins.

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Xin Yan, Co-Founder and CEO of Sign—a Singapore-based firm building sovereign digital currency infrastructure—suggests that the Federal Reserve’s hesitation to issue a Central Bank Digital Currency (CBDC) before 2031, despite 49+ CBDC global pilot projects, creates a scenario where “the Fed is not directly competing with private stablecoins, while the slow U.S. CBDC adoption means U.S. commercial banks maintain control of the financial system rather than being disintermediated by a retail CBDC and continue to dominate the domestic financial market.” Yan argues that “the world is dividing into different camps.”

The CBDC vs. Stablecoin with China pushing its e-CNY (a CBDC) to enhance state control, while the U.S. leans towards pushing stablecoins to maintain dollar dominance”, a move seen as a defense against China’s potential challenge to the US-dominated payment system.

Digital Securities: Tokenized traditional financial instruments; these remain securities regardless of their on-chain format. 

Safe Harbors for Blockchain Activities

The joint interpretation confirms that several foundational activities generally do not involve securities transactions: 

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Protocol Mining: Proof-of-work validation and mining pool participation.

Protocol Staking: Proof-of-stake validation, including custodial and liquid staking, provided service providers act in an administrative capacity.

Wrapping: Depositing assets for one-to-one redeemable tokens across chains.

Airdrops: Distributions where recipients provide no consideration (money or services) in exchange. 

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Coordination of Digital Asset Legislation and its impact on Tokenization 

The regulatory landscape for digital assets in the US has undergone a historic transformation, characterized by the enactment of the GENIUS Act (July 18, 2025) and a landmark joint interpretation and memorandum of understanding (MOU) between the SEC and CFTC.

This shift, supported by the pending CLARITY Act, marks a definitive end to a decade of “turf wars” over digital asset jurisdiction, aims to stabilize markets, and has initiated a “re-onshoring” of crypto activity to the United States which represents the world’s largest cryptocurrency market, commanding roughly 23.6% of global crypto revenue in 2025 and will accelerate tokenization of financial markets. 

Wojciech Kaszycki, CSO of BTCS SA —  (formerly Vakomtek S.A.) is a Polish technology company headquartered in Warsaw, recognized as Europe’s first dedicated Digital Asset Treasury Company (DATCO) — believes “The regulatory clarity provided by the SEC and CFTC is a step in the right direction.   It will speed up tokenization of the global financial markets to allow for fractional ownership of expensive, traditionally restricted world assets like private credit, real estate, and infrastructure to bring liquidity, pricing to illiquid assets. Tokenization will make investing easier, thereby helping more people build long-term financial security and share in economic growth.”

As of early April 2026, the digital asset market is experiencing significant volatility, with Bitcoin trading around $65,000–$69,000 following a “double shock” from Middle East geopolitical tensions and broader risk-asset sell-offs. Amidst this, projects focused on Artificial Intelligence (AI) and Real-World Asset (RWA) tokenization have shown notable resilience, often outperforming the broader market.  Mirroring the world’s largest asset manager, BlackRock CEO Larry Fink’s commitment to tokenized funds positions the technology as the “next generation for markets”.

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In his 2026 Chairman’s Letter to Investors, Larry Fink compared the current state of tokenization to the internet in 1996, arguing that it will fundamentally “update the plumbing” of the global financial system.  Fink argued that tokenization will fundamentally transform TradFi by making investing faster, cheaper, and more accessible, directly impacting how ownership is recorded and traded. 

About the Author:

Selva Ozelli Esq, CPA is an international digital asset legal  expert  and author of Sustainably Investing in Digital Assets Globally.  Her  writings are translated into 45 languages and republished in over 200 global publications.  She is recognized as an expert media/TV commentator on global digital asset regulation, tax and technology matters.

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Disclosure: The views and opinions expressed here belong solely to the author and do not represent the views and opinions of crypto.news’ editorial.

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Crypto World

Bitcoin ETFs to surpass gold ETFs in size

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Crypto Breaking News

Bitcoin spot ETFs may soon surpass gold ETFs in assets under management, fracturing the long-standing narrative that “digital gold” is a perfect stand-in for investors seeking a safe haven. Bloomberg ETF analyst James Seyffart shared the view in an interview linked to the Coin Stories podcast, arguing that Bitcoin’s multiple use cases — from store of value to growth asset and liquidity driver — create a broader appeal than gold, which the market typically frames in a single light.

“There are just more use cases of why somebody would put a Bitcoin ETF in a portfolio,” Seyffart said on the podcast. He emphasized Bitcoin’s roles as a store of value, a portfolio diversifier, a form of digital capital, and even a growth-risk asset, suggesting that the crypto may attract a wider spectrum of investors than gold over time. While gold has historically served as a hedge against monetary debasement, Bitcoin’s evolving narrative as both a digital asset and a potential macro hedge underpins the case for larger ETF demand in the years ahead.

Key takeaways

  • Bitcoin ETFs could grow to exceed gold ETFs in total assets under management as demand broadens beyond the traditional “digital gold” story, according to James Seyffart, a Bloomberg ETF analyst.
  • March ETF flows show divergent momentum: U.S. spot Bitcoin ETFs attracted about $1.32 billion in net inflows, while U.S. gold ETFs recorded net outflows of roughly $2.92 billion.
  • A single-day move underscored fragility in precious metals: GLD, the flagship gold ETF, posted a $3 billion withdrawal on March 4, the largest daily outflow in more than two years.
  • Longer-run macro signals remain mixed, with data suggesting a rotation dynamic between gold and Bitcoin rather than a single clear trend; Fidelity highlighted a historical pattern of leadership rotating between the two assets.

Flow dynamics in March: what they reveal about narrative shifts

The contrast in March ETF flows underscores shifting investor appetites for duration, liquidity, and narrative potential. Gold ETFs in the United States posted net outflows totaling about $2.92 billion in March, signaling renewed challenges for the traditional safe-haven metal in a period of evolving macro cues. In the same month, US spot Bitcoin ETFs drew approximately $1.32 billion in net inflows, illustrating a growing appetite for crypto exposure in diversified portfolios.

The divergence sits against a broader context in which Bitcoin and gold have moved more cohesively in recent weeks despite the divergent flows. The data points to a market that is re-evaluating the roles of these two hedges and growth assets in a landscape of persistent inflation concerns, evolving monetary policy expectations, and expanding acceptance of crypto-based investment products.

Gold’s pullback and retail versus institutional dynamics

Several pressures shaped gold’s March performance. The largest daily outflow in over two years hit GLD on March 4, reflecting sell-side and perhaps macro rotation pressures that have periodically punctured the gold regime. Meanwhile, more broad-based BIS data — cited by Cointelegraph — show retail gold purchases tripling over the past six months, while Wall Street selling has accelerated over the last four months. The juxtaposition implies a nuanced narrative: retail demand remains resilient even as institutional appetite shifts toward crypto exposure and related investment vehicles.

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These dynamics sit alongside anecdotal expectations that a growing cadre of investors view Bitcoin as a “growth risk asset,” complementary to its role as a hedge-friendly reserve. The evolving taxonomy — Bitcoin as a stores of value, digital currency with intrinsic scarcity, and liquidity-rich growth asset — contributes to a broader array of reasons to own a Bitcoin ETF beyond simply “digital gold.”

Price action and broader market context

As of publication, Bitcoin traded around $66,918, down about 8% over the prior 30 days, according to CoinMarketCap data. Gold hovered near $4,676 per ounce, down about 8.25% over the same period, per GoldPrice metrics. The near-term move preserves the sense that both assets have faced headwinds in a mixed macro backdrop, yet the flow data suggests that investor interest in Bitcoin ETFs remains persistent and possibly expanding even as gold faces episodic outflows.

The longer-term rotation story received some color from Fidelity Digital Assets analyst Chris Kuiper. In December 2025, Kuiper noted that historically gold and Bitcoin have rotated leadership, with gold performing strongly at times and Bitcoin catching up in others. That framework remains relevant as market participants weigh regulatory clarity, ETF availability, and the evolving ecosystem around Bitcoin-based investment products.

Implications for investors and markets

The potential overtaking of gold ETFs by Bitcoin ETFs in AUM would mark a notable shift in how investors allocate capital in search of diversification, liquidity, and growth exposure. If Bitcoin ETFs continue to capture inflows beyond the “digital gold” narrative, the market could see a broader base of participants embracing crypto exposure through regulated vehicles. This would not only change the composition of ETF portfolios but could also influence liquidity, product development, and the pace at which financial institutions bring more crypto-enabled offerings to retail and high-net-worth investors alike.

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From a portfolio-management perspective, the idea of Bitcoin acting as hot sauce in a diversified mix is persuasive for those seeking a growth-oriented, liquidity-rich sleeve within a broader asset allocation. Yet the data also underscores the need for caution and continued monitoring of regulatory developments, product approvals, and market structure changes that shape the appeal and risk profile of spot BTC ETFs.

In practical terms, readers should watch ETF inflow trends in the coming quarters, the rate of new product approvals, and the evolving evidence on how Bitcoin-based funds perform relative to gold during different macro regimes. The March data points demonstrate that the narrative around Bitcoin ETFs is gaining traction in investor discourse, even as gold maintains its own complex set of drivers and vulnerabilities.

Beyond price moves, the debate now centers on whether Bitcoin ETFs can sustain and broaden their appeal to a broader investor universe — from traditional equity and bond strategists to macro hedge funds and retail savers seeking diversified exposure. If inflows continue and more products arrive, the BTC ETF story may transition from a niche crypto offering to a core component of diversified portfolios.

What matters next is the trajectory of ETF approvals and listings, clear and consistent data on inflows across different regimes, and how macro factors like inflation momentum and monetary policy directions shape the risk-reward calculus for these funds. Investors should stay attentive to monthly flow prints, regulatory signals, and the evolving narrative around Bitcoin’s role in modern asset allocation.

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As the market awaits further clarity, the ongoing dialogue around Bitcoin’s ETF potential points to a future where crypto exposure becomes an increasingly standard instrument within traditional investment frameworks. The next few quarters will be telling, as inflows, product breadth, and price action converge to reveal whether Bitcoin ETFs can definitively eclipse gold ETFs in practical assets under management.

Risk & affiliate notice: Crypto assets are volatile and capital is at risk. This article may contain affiliate links. Read full disclosure

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Crypto World

Bitcoin ETFs Will Be Bigger Than Gold ETFs, Says ETF Analyst

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Bitcoin ETFs Will Be Bigger Than Gold ETFs, Says ETF Analyst

Spot Bitcoin exchange-traded funds (ETFs) could surpass gold ETFs in total assets under management (AUM) as investor demand expands beyond the traditional “digital gold” narrative, according to ETF analyst James Seyffart.

“There are just more use cases of why somebody would put a Bitcoin ETF in a portfolio,” Seyffart said on the Coin Stories podcast published to YouTube on Friday. He pointed to Bitcoin’s (BTC) role as digital gold, a store of value, a portfolio diversifier, and a form of digital capital and property, adding that the market also views Bitcoin as a “growth risk asset.”

Seyffart explained that Bitcoin has “all these different ways” of being viewed, while gold only has “one of those things.”

“Our view is that Bitcoin ETFs will be larger than gold ETFs,” he added.

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Bitcoin ETFs are a “hot sauce” in the portfolio

“There are so many people that could use it. They could be viewing it to put in their portfolio because they want to bet on like a growth and liquidity trade,” he said. “It can be hot sauce in a portfolio in that way,” he added.

Bloomberg ETF analyst James Seyffart spoke to Natalie Brunell on the Coin Stories podcast. Source: Coin Stories

Bitcoin is often compared to gold due to its limited supply and perceived role as a hedge against monetary debasement. 

US-based gold ETFs recorded net outflows of $2.92 billion in March, while US spot Bitcoin ETFs attracted $1.32 billion in net inflows over the same period.

Gold and BTC have declined over the past 30 days

The largest US gold-backed ETF, GLD, recorded a $3 billion outflow on Mar. 4, the largest daily withdrawal in more than two years.

On Mar. 19, Cointelegraph cited data from the Bank for International Settlements (BIS) showing retail gold purchases have tripled over the last six months, while Wall Street selling has accelerated over the past four months.

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Related: Bitcoin ‘done’ with 85% crashes, says Cathie Wood amid new $34K target

Despite the divergence in ETF flows, both assets have moved broadly in tandem in recent weeks.

Bitcoin is trading at $66,918 at the time of publication, down 8.07% over the past 30 days, according to CoinMarketCap. Meanwhile, gold is trading at $4,676, down 8.25% over the past 30 days, according to GoldPrice data.

In December 2025, Fidelity Digital Assets analyst Chris Kuiper said that, “historically, gold and Bitcoin have taken turns outperforming. With gold shining in 2025, it would not be surprising if Bitcoin takes the lead next.”

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