Skip to main content

What Is the Legal Distinction between a “Security” and a “Commodity” in US Regulation?

In the US, the SEC regulates "securities" (e.g. stocks, bonds, investment contracts), while the CFTC regulates "commodities" (e.g. gold, oil, and Bitcoin futures). The distinction hinges on the "Howey Test" for securities.

Bitcoin itself is generally treated as a commodity, which determines which regulator oversees its derivatives.

What Are the Four Prongs of the Howey Test?
How Does the “Howey Test” Determine If a Crypto Derivative Falls under SEC or CFTC Jurisdiction?
What Is the Difference between a Security and a Commodity in Crypto Regulation?
How Does the CFTC’S Surveillance of a Bitcoin Future Differ from the SEC’s Surveillance of a Spot Bitcoin ETF?