WASHINGTON, Feb. 13, 2026 — The U.S. Securities and Exchange Commission’s Division of Corporation Finance said it is preparing recommendations relating to crypto assets, including interpretive guidance and a possible rule proposal addressing securities treatment, according to a statement published Friday by Division Director James Moloney.
The division indicated that two recommendations are expected to be submitted to the Commission. One would provide interpretive guidance establishing a taxonomy for crypto assets and describing a framework for determining when a crypto asset is subject to an investment contract.
For crypto assets determined to be securities, the division said it is also working on a proposal intended to establish a regulatory structure governing their offer and sale.
Scope of the statement
The remarks were delivered in connection with presentations at the 2026 Securities Regulation Institute and outlined upcoming workstreams of the Division of Corporation Finance.
The statement did not constitute a Commission rulemaking and created no legal obligations. Formal rulemaking would require a Commission proposal and public comment process.
Broader agenda
The division also listed additional priorities, including implementation of the Holding Foreign Insiders Accountable Act, potential semi-annual reporting, and disclosure modernization under Regulation S-K.
The staff said it will continue issuing interpretive guidance and no-action letters, including in matters involving crypto assets.
