The SEC has issued two no-action letters for tokens in recent months, signaling evolving regulatory clarity for the crypto sector.
The SEC has granted Fuse Crypto a no-action letter, confirming that its FUSE token is not a security. This marks a key moment in the regulatory landscape for cryptocurrency in the United States. The approval allows Fuse to offer and sell its token without facing enforcement action from the SEC.
The SEC's Division of Corporation Finance issued the no-action letter in response to Fuse Crypto's request. The company had asked the SEC to confirm that the FUSE token, used for rewarding customers in energy programs, is not a security. The SEC stated that it would not recommend enforcement action based on the representations made in Fuse's letter.
The SEC clarified that any change in facts or conditions could lead to a different conclusion. This conditional relief underscores the importance of accurate representations when seeking such clarity. Fuse's token operates within a blockchain framework designed to incentivize sustainable energy practices.
Fuse Crypto operates in the electricity sector, offering products like electric vehicle chargers and solar setups. Through its green energy initiatives, customers earn FUSE tokens for participating in energy-efficient programs. The SEC's decision highlights the potential for blockchain to intersect with sustainability efforts in the energy sector.
This decision marks the second no-action letter issued by the SEC in recent months. The first letter was granted to DoubleZero, a DePIN project, for its 2Z token in September. Both rulings are seen as part of a shift toward clearer regulatory guidance on token offerings.
The SEC has been evolving its approach to digital assets under the current administration. The agency has hosted crypto roundtables and launched "Project Crypto" to review rules for the industry. This move signals a more open stance toward crypto businesses seeking regulatory clarity.
As reported by Blockonomi earlier, the SEC's chair, Paul Atkins, also introduced plans for a "token taxonomy." This effort aims to better define which cryptocurrencies are considered securities. The Fuse crypto no-action letter may contribute to these discussions by offering further clarification on what constitutes a non-security token.
Fuse Crypto focuses on green technology, such as solar panels and smart grid systems, to optimize energy use. The company believes that blockchain can drive innovation in energy systems by providing scalable rewards for sustainable consumption. The FUSE token serves as an incentive for customers to install eco-friendly devices like rooftop solar panels.
The firm explained in its letter that the token is earned based on individual consumption, not investment. Fuse argued that customers do not expect profits from the efforts of Fuse or others, which is key to avoiding classification as a security. This reasoning aligns with the SEC's stance, which uses the Howey Test to determine securities. Fuse's blockchain approach aims to solve challenges in modernizing the energy grid.
By rewarding customers for their sustainable actions, Fuse plans to incentivize smarter energy consumption. The FUSE token is part of a larger effort to integrate decentralized energy generation and technology into the grid. This decision from the SEC provides regulatory certainty for Fuse crypto, allowing it to continue expanding its green energy initiatives. It marks a shift toward clearer and more predictable guidance for blockchain-based tokens in the energy sector.