NEARIs NEAR Protocol (NEAR) a security?
#19 by market cap · Last updated Oct 19, 2026 (evidence re-checked)At a glance
Unclear- ConfidenceLowLow-MediumHigh
- US exchange accessCoinbase (US incl. NY)
- Regulator (if enacted)SEC or CFTC (undecided)
- Evidence5 sources · 3 official
Is NEAR Protocol (NEAR) a security?
Unclear. Not named in the SEC's digital-commodity examples, and no court ruling on the token itself was found.
There's no official US classification yet, so treatment could go either way. Watch for SEC or CFTC statements and exchange listing changes. Pro alerts flag these for you.
What should I do if my token is "unclear"? →
Why this status
- R5: not named in the SEC's digital-commodity examples, and no court ruling on the token itself was found.
- A US-listed ETF exists. That is a market signal, not a legal classification.
- A past SEC case was dismissed without a merits ruling on the token.
Decentralisation ("mature blockchain" test): Not independently assessed. No reliable, sourced data on control or supply concentration was gathered for this review.
Evidence (5 sources)
3 official
- ETFThird-partyOct 19, 2026 · CryptoETF.today
US-listed NEAR exchange-traded products trading as of Oct 19, 2026 (per tracker): Bitwise NEAR ETF (NRR), launched Sep 29, 2026.
CryptoETF.today filings tracker (third-party; compiled from SEC EDGAR and the Federal Register) ↗ - Exchange listingThird-partyOct 19, 2026 · Coinbase
NEAR appears on Coinbase's 'US (incl. NY) Trading Assets' list.
Coinbase Digital Asset Disclosures: 'US (incl. NY) Trading Assets' list ↗ - RegulatorOfficial sourceAbsent / not foundMar 23, 2026 · Federal Register (SEC & CFTC)
NEAR is not among the SEC's named examples of digital commodities.
SEC interpretation (with CFTC guidance): Application of the Federal Securities Laws to Certain Types of Crypto Assets, Release 33-11412 ↗ - EnforcementOfficial sourceFeb 27, 2025 · SEC
The SEC dismissed the Coinbase case in Feb 2025 without a merits ruling.
SEC announces dismissal of civil enforcement action against Coinbase (with prejudice; not a merits assessment) ↗ - EnforcementOfficial sourceJun 6, 2023 · SEC
In 2023 the SEC alleged NEAR was a crypto asset security (Coinbase complaint).
SEC press release 2023-102: SEC charges Coinbase (complaint identified 13 tokens, incl. SOL, ADA and NEAR, as alleged crypto asset securities) ↗
Rules by country
Unclear (ClarityCheck estimate, low-medium confidence). The CLARITY Act is not law, so today the SEC's and CFTC's existing frameworks apply.
Under MiCA, trading in the EU runs through authorised crypto-asset service providers (CASPs). We haven't yet checked token-specific MiCA white paper filings for NEAR. ESMA register ↗
The UK's new FCA cryptoasset regime starts on Oct 25, 2027. Firms can apply from Sept 30, 2026 until Feb 28, 2027. There's no token-by-token classification list; the rules apply to the firms that offer the token. FCA ↗
NEAR questions
Is NEAR Protocol (NEAR) a security?
Unclear. Not named in the SEC's digital-commodity examples, and no court ruling on the token itself was found. No court or regulator has classified it, so we don't guess. Not legal advice.
Can I buy NEAR on US exchanges?
US access: Coinbase (US incl. NY). Availability can differ by state and by exchange. See our exchange safety checker.
What would the CLARITY Act change for NEAR?
There's no official US classification yet, so treatment could go either way. Watch for SEC or CFTC statements and exchange listing changes. Pro alerts flag these for you.
How reliable is this NEAR status?
Confidence is Low-Medium. It comes from fixed rules applied to 5 cited sources (checked Oct 19, 2026), not from opinion. Statuses can change as courts, regulators and Congress act.
Change log
4 entries
- Status reviewEvidence-based review: status set to 'Unclear' (Low-Medium confidence) using ClarityCheck rules. Replaces earlier illustrative demo data.
- NEAR is not among the SEC's named examples of digital commodities. Source ↗
- The SEC dismissed the Coinbase case in Feb 2025 without a merits ruling. Source ↗
- In 2023 the SEC alleged NEAR was a crypto asset security (Coinbase complaint). Source ↗
Snapshot Oct 19, 2026 · Prices by CoinGecko