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SEC Clarifies Crypto Buybacks, Network Upgrades Under US Securities Laws

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The US Securities and Exchange Commission (SEC) has published new FAQs that clarify how federal securities laws apply to cryptocurrency buybacks, network upgrades, and secondary market activity.

The guidance, issued by SEC staff in the Division of Corporation Finance, emphasizes that a buyback can become relevant to an investment-contract analysis when an issuer presents it as a way to create yield or returns.

A key takeaway from the FAQs is that a project buying back its own tokens does not automatically turn the asset into a security. The context matters, and issuers must be careful about making concrete promises about what development work they still intend to perform.

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