Network utility tokens are digital assets that grant holders access to specific functions or services within a decentralized network or application. These tokens are designed to be consumed or used to pay for computational resources, transaction fees, storage, or other services provided by the underlying blockchain protocol. Their value is typically derived from the demand for and utility of the network’s services, rather than from ownership equity in a company. The functional purpose of these tokens distinguishes them from investment contracts.
Context
The regulatory classification of network utility tokens, particularly their distinction from securities, remains a significant area of scrutiny. Debates persist regarding when a token truly achieves sufficient utility to avoid being classified as an investment contract under various legal tests. Projects continuously strive to demonstrate the genuine functional use of their tokens to align with regulatory expectations. Future regulatory guidance will likely offer clearer parameters for distinguishing utility tokens from other digital asset categories.
The Staff's no-action relief establishes a functional path for network incentive tokens to avoid securities classification, de-risking Web3 product structuring.
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