What Is the Difference between a Security and a Commodity in Crypto Regulation?

In US regulation, a commodity is a fungible good used to produce or exchange other goods, like Bitcoin and Ethereum (often considered commodities). A security is an investment contract that represents an investment of money in a common enterprise with the expectation of profit from the efforts of others (Howey Test).

Securities are subject to stringent registration and disclosure requirements, unlike commodities. The classification determines which regulatory body has jurisdiction.

What Is the “Howey Test” and Its Relevance to Crypto Tokens?
How Does the “Howey Test” Determine If a Crypto Derivative Falls under SEC or CFTC Jurisdiction?
What Is the Howey Test and Its Relevance to Token Classification?
How Does the Howey Test Determine If a Token Is a Security?
What Are the Implications of the SEC’s Stance on Unregistered Securities for Crypto Derivatives?
What Are the Implications of a Token Being Classified as a Security under the Howey Test?
What Is the Role of the Securities and Exchange Commission (SEC) in Regulating Crypto Assets in the US?
What Is the Howey Test and How Does It Apply to ICOs?

Glossar