FOLLOW US

Fri

August 14, 2026

Business March 26, 2021 3 mins read

The SEC’s Hester Peirce says “it could be illegal to sell fractionalized NFTs”

Business ı By Rochdi Rais

0 Comments

Hester Peirce Lawyer and SEC commissioner on NFTs

Hester Peirce, the Securities and Exchange Commission (SEC) 'crypto mom' gave some solid advice to issuers and investors. She said non-fungible tokens (NFTs) could be illegal. NFTs issuers should be careful so they don’t unintentionally create investment products while selling derivatives or fractions out of the digital collectors’ items. 

"People are being very creative in the types of NFTs they're putting out there," Peirce, who is an SEC commissioner and cryptocurrency supporter, said at Draper Goren Holm's Security Token Summit on Thursday.

NFTs are made so they can be non-fungible and unique at the same time. This means there is a low chance they can be securities, Pierce added. Nonetheless, since some developers are becoming more creative when approaching NTFS, people should be careful, she said. 

When selling fractions of individual NFTs, or NFT baskets, you better be careful you're not creating something that's an investment product or a security. This advice came from the so-called 'Crypto Mom'. "The definition of security can be pretty broad," she added.

NFTs Sell for Millions of Dollars

In the last months, non-fungible tokens have been trending among crypto enthusiasts and artists. They've also turned many people into millionaires overnight. NFTs are data units which can be a piece of art, a tweet, a meme, music, or even highlights from epic sports moments. For instance, Jack Dorsey’s first tweet ever was sold for $2.9 million as an NFT. Likewise, Beeple sold an NFT for about $70 million, the highest record to date for any digital art. 

Pierce argued the Howey test — which is the determinant if an asset is a security or not —isn’t well-suited for digital currencies or assets. She said the basic logic doesn’t comply with the physical assets’ system.  

The “crypto mom” explained the SEC will be considering ways on how and whether to adjust her proposed safe-harbor policy. She added she hopes she can get a chance to work with the upcoming SEC chairman Gary Gensler to solve this puzzle. 

"I don't know how it will all play out. And again, I have a lot to learn from what's going on in Europe, Asia, and the Caribbean. You know, there are a lot of places are taking much more forward-looking approaches than we and by 'forward-looking', I mean really trying to provide some clarity."

Join us and follow the USA Herald on Gab

Have a story you want USA Herald to cover? Submit a tip here and if we think it's newsworthy, we'll follow up on it.

Want to contribute a story? We also accept article submissions – check out our writer's guidelines here.

Previous Article

Twitter Hypocrisy: The Rules Only Apply to Some… Again

Read More
2770 Posts

Rochdi Rais

Rochdi Rais is the Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
Industry News August 13, 2026
Japan Unveils a “Human Refrigerator” to Beat the Summer Heat
By – Muhammad Hasnat
America August 13, 2026
Trump Says America Controls Hormuz. But Does It?
By – Muhammad Hasnat
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 13, 2026
Powerball Winner Emerges in Illinois, Snapping…

For three months, the Powerball jackpot did what a stubborn…

By – Rihem Akkouche
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
Business August 13, 2026
Greenland Oil Drilling Delayed Until 2027

Greenland oil drilling planned by a U.S.-backed venture has been…

By – Michallie Harrison
America August 13, 2026
Judge Throws Out Trump’s Antisemitism Lawsuit…

A federal judge dismissed the Trump administration’s lawsuit accusing Harvard…

By – Jimmy Adeel
America August 13, 2026
NBC’s SVU Tribute: Best of Mariska…

Fans of Law & Order: Special Victims Unit have a…

By – Marija
America August 13, 2026
NBC’s SVU Tribute: Best of Mariska…

Fans of Law & Order: Special Victims Unit have a…

By – Marija
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 13, 2026
US Strikes Yemen 2026: Pentagon Says…

The US strikes Yemen 2026 story has taken a new…

By – Emma Jackson
America August 13, 2026
Trump Mail-In Voting Order Heads to…

The mail-in voting 2026 battle has reached the U.S. Supreme…

By – Emma Jackson
America August 13, 2026
Trump Claims U.S. Has Total Control…

President Donald Trump on Tuesday declared that the United States…

By – Marija
America August 13, 2026
What to Expect from the 2027…

Millions of Americans who rely on Social Security are watching…

By – Marija
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 12, 2026
Retirement Rises as Older Americans Leave…

Retirement is becoming an increasingly attractive option for older Americans…

By – Jackie Allen
America August 12, 2026
AI Hallucinations: Why Artificial Intelligence Can…

AI Hallucinations have become one of the most important limitations…

By – Jackie Allen
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen
America August 11, 2026
Part 1. Data Center Boom Backlash…

A Data Center boom driven by artificial intelligence is creating…

By – Jackie Allen
America August 11, 2026
Tupac Shakur: Murder Trial Raises New…

LAS VEGAS — Tupac Shakur, the 25-year-old superstar was riding…

By – Jackie Allen
America August 11, 2026
Tupac Shakur: Murder Trial Raises New…

LAS VEGAS — Tupac Shakur, the 25-year-old superstar was riding…

By – Jackie Allen
America August 10, 2026
Terafab: Elon Musk’s Massive Texas Chip…

Elon Musk’s Terafab project is taking shape as an enormous…

By – Jackie Allen
America August 10, 2026
WNBA Draws Political Firestorm as Transgender…

The WNBA has become the latest battleground in the increasingly…

By – Jackie Allen
America August 9, 2026
Solar Eclipse 2026: Five Stages to…

The solar eclipse arriving Wednesday, Aug. 12, will transform daytime…

By – Jackie Allen
America August 9, 2026
New UFO Files Reveal Strange Triangle…

A new batch of UFO files released last week by…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 12, 2026
US Inflation Rate July 2026 Falls…

The US inflation rate fell slightly to 3.4% in July…

By – Emma Jackson
America August 12, 2026
From First-Degree Charges to Lying in…

A case that began with a daughter’s discovery in a…

By – Rihem Akkouche
America August 12, 2026
Tetrad Enterprises Filed for Chapter 11…

A company with as much as $50 billion in listed…

By – Rihem Akkouche
America August 12, 2026
Avi Loeb’s Warp-Drive Orb Theory Risks…

Key Takeaways Orb reports deserve serious examination—not science-fiction-style assumptions. Loeb’s…

By – Samuel Lopez
America August 12, 2026
Beyoncé Hit with Massive Copyright Lawsuit…

INSIDE THIS REPORT A music company claims Beyoncé’s team never…

By – Samuel Lopez
America August 12, 2026
No, Earth Is Not Losing Gravity…

INSIDE THIS REPORT The Hoax: Leaked “Project Anchor” documents claiming…

By – Samuel Lopez
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter