
SEC Commissioner Hester Peirce said onchain vaults with active management may fall under securities laws, warning that blockchain does not exempt them from federal regulations.
The SEC has warned that crypto vaults and onchain lending strategies may be subject to federal securities laws, depending on how they are structured.
Commissioner Hester Peirce said the line turns on human discretion. Vaults that rely entirely on immutable smart contracts to allocate user assets are less likely to trigger securities rules, Peirce wrote. Those involving active management by individuals or teams who decide where funds go could cross the line.
"Moving activities that fall within the scope of the federal securities laws onchain, as a general matter, does not take those activities outside the scope of the laws the Commission administers," she wrote.
Peirce also flagged onchain lending protocols where someone sets interest rates or picks supported assets. Those roles may create securities law obligations, she said.
She added that certain onchain loans could resemble securities under existing legal standards, depending on distribution and participant motivations.
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