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Crypto and digital-asset SEC counsel

Updated: October 2026

Crypto and digital-asset businesses usually need SEC counsel for one of four questions: whether a token or product is a security (the Howey test), how a crypto fund and its manager are structured and registered (Investment Company Act and Advisers Act), how a registered fund or ETF can hold digital assets, and how custody, marketing and disclosure rules apply. Bo Howell, FinTech Law's founder, served in the SEC Division of Investment Management — the division that oversees investment advisers and investment companies (funds).

You are…Typical SEC questionsRelated page
Token or protocol teamIs the token a security under Howey? Securities Act registration or exemption (e.g., Reg D, Reg S)? How do distribution and marketing affect the analysis?/services/digital-assets-law-services
Crypto fund managerERA or RIA? Fund exclusion (3(c)(1)/3(c)(7))? Custody of digital assets; valuation; Form ADV disclosuresERA guide; private fund formation
Adviser adding digital assets for clientsCustody rule and qualified custodians for crypto assets; marketing; fiduciary disclosures/services/registered-investment-adviser-legal-services
Registered fund / ETF sponsorInvestment Company Act and Securities Act questions for funds holding or referencing digital assets/services/registered-fund-legal-services
Stablecoin or payments projectGENIUS Act (enacted July 2025) for payment stablecoins; AML/FinCEN; where SEC rules still applyDigital assets; AML compliance

Hiring

What to look for in crypto SEC counsel (any firm)

Securities-law experience with funds and advisers, not only token work; comfort with CFTC and AML overlap; a clear written scope; and a current view of SEC staff statements and legislation, which have changed quickly since 2025.

Scope

Enforcement and litigation

Enforcement and litigation matters are scoped and quoted case by case — there is no fixed-fee package for SEC defense work on this page.

If you already face an SEC enforcement investigation or litigation, ask any firm — including us — about its litigation staffing before engaging.

Talk with counsel

Qualified inquiries go through FinTech Law contact intake. Meetings are scheduled after qualification.

This page is general information, not legal advice. No attorney–client relationship is formed by reading it.

Frequently Asked Questions