Treatment of investment contract assets

(a) Securities Act of 1933 Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)), as amended by section 101, is further amended— (1) in paragraph (1), by adding at the end the following: The term investment contract does not include an investment contract asset.; and (2) by adding at the end the following: (36) The term investment contract asset means a digital commodity— (A) that can be exclusively possessed and transferred, person to person, without necessary reliance on an intermediary, and is recorded on a blockchain; and (B) sold or otherwise transferred, or intended to be sold or otherwise transferred, pursuant to an investment contract.. (b) Investment Advisers Act of 1940 Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2(a)(18)) is amended by adding at the end the following: The term investment contract does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).. (c) Investment Company Act of 1940 Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)(36)) is amended by adding at the end the following: The term investment contract does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).. (d) Securities Exchange Act of 1934 Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: The term investment contract does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).. (e) Securities Investor Protection Act of 1970 Section 16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(14)) is amended by adding at the end the following: The term investment contract does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933)..