SEC Issues Fresh Crypto Guidance on Staking Tokens, Buybacks, and the Howey Test

• The SEC has released new FAQs clarifying when tokens may not be classified as securities, particularly focusing on Staking Receipt Tokens and their relationship to underlying assets.
• A staking receipt tied to a digital commodity can be considered a digital tool if it does not transfer ownership or control to the issuer, and the issuer's actions do not constitute essential managerial efforts under the Howey test.
• Announcing buybacks or marketing efforts for non-security tokens does not typically imply an investment contract, especially if the network is functional and does not promise returns or profits.

https://cryptopotato.com/sec-issues-fresh-crypto-guidance-on-staking-tokens-buybacks-and-the-howey-test/