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Crypto Regulation

SEC Buyback Guidance for Crypto Tokens Narrower Than It Appears

Crypto projects that buy back their own tokens have faced US legal uncertainty for nearly a decade, and the SEC’s buyback guidance is narrower than it looks. A buyback funded by a project’s revenue can resemble a promise of profits from someone else’s work, which is part of what makes such programs legally risky. Projects are being urged to test whether their buyback passes the SEC’s standard.

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AI take

The key point is that the SEC's buyback guidance is narrower than the industry may assume, meaning revenue-funded programs carry more legal risk than many projects likely appreciate. This matters most for token issuers that have treated buybacks as routine treasury management, since a revenue-funded repurchase can resemble the profit expectation at the heart of US securities analysis. Whether projects actually run their programs through the SEC's standard, rather than relying on the headline reading of the guidance, is the open question to watch.

Generated by AI for reference only.

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