TREE NEWS update: The SEC’s Division of Corporation Finance published a crypto FAQ on September 25, clarifying how staff applies the March framework to token buybacks, staking receipt tokens, post-launch development and secondary-market platforms. Staff said buybacks announced on a functional network do not constitute a promise of key managerial efforts, but buybacks framed as holder returns on a non-functional network may. The answers are staff opinion, not rules, and carry no legal force.
SEC Staff Clarifies Crypto Rules on Buybacks, Staking Receipts and Upgrades
The significance here is less the substance than the source: staff guidance that explicitly disclaims legal force, which means it can shift with personnel or be narrowed in enforcement without notice. The buyback distinction turns on whether a network is functional, a test that remains subjective and case-by-case, so projects structuring repurchases around it carry residual ambiguity. The open question is whether this staff posture survives leadership changes or gets tested in court, and whether it hardens into formal rulemaking or stays advisory.
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