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SEC Nigeria presumes virtual crypto assets are securities unless the issuer proves otherwise (CLM-NG-007); CBN separately defines a narrower 'Digital Asset' (debt/equity claim) distinct from the broader 'Virtual Asset' category (CLM-NG-008). Utility tokens and NFTs lack a settled classification distinct from the general presumption (CLM-NG-010), and a draft foreign-issued-stablecoin classification concept remains unconfirmed as commenced (CLM-NG-009).
Beyond this default presumption, classification treatment for specific asset types remains substantially unsettled. No primary Nigerian source confirms a settled classification treatment for utility tokens or NFTs distinct from the general rebuttable presumption that crypto assets are securities (CLM-NG-010) -- a sourced negative finding rather than an assumption of silence. Stablecoins occupy a similarly unsettled position: SEC's exposure-draft Rules introduce a 'Recognised Foreign-issued Stablecoin' classification, to be assessed via the issuer's regulatory status, its reserve arrangement, redemption framework, custody arrangement and other risk factors (CLM-NG-009), but this remains draft, non-normative language rather than a commenced rule. A Challenger-review annotation on this module notes that the module's primary-framework citation should also reference the Investments and Securities Act 2025's statutory recognition of digital and virtual assets as securities; this annotation has been carried into the module's rationale without mutating any underlying claim, pending fuller confirmation of the Act's scope and commencement.
Outlook
The module's amber rating reflects a clear default rule for the general case -- token-as-security absent proof otherwise -- against genuine gaps for utility tokens, NFTs and stablecoins, all of which remain either unaddressed or confined to draft language. The two live questions are whether the Investments and Securities Act, 2025 supplies any express statutory definition of 'digital asset' or 'virtual asset' distinct from the 2007 Act, and whether SEC's exposure-draft foreign-stablecoin recognition criteria are finalised and brought into force. Neither has been confirmed from a primary source this cycle.
Token Classification
Since 25 March 2025, section 357 of the Investments and Securities Act 2025 has brought virtual and digital assets within the statutory definition of securities, establishing a default securities classification for digital assets in Nigeria rather than a bespoke or sui generis token taxonomy. This default classification is a standing statutory fact and has not changed this cycle, but the practical architecture built on top of it is shifting: SEC's August 2026 draft rules introduce functional categories, Digital Asset Exchange and Custodian, DAPO and RATOP, that begin to differentiate treatment within the broader securities frame rather than displacing it. At the same time, the June 2026 Executive Order on Virtual Assets Coordination has created an institutional split between SEC's securities-like perimeter and a newly CBN-domiciled Virtual Asset Office responsible for payment, settlement and custody aspects of stablecoins, meaning that token classification in Nigeria increasingly turns on which functional category a digital asset or activity falls into, not solely on whether it meets the general securities definition under section 357.
Outlook
The DAPO and RATOP functional categories proposed in the August 2026 draft rules remain unconfirmed in final form, and the full delineation between SEC's securities-based classification and the Virtual Asset Council's coordination role over stablecoin-adjacent assets is still being worked out between the two bodies, pending finalisation of both the draft rules and clearer guidance from the Virtual Asset Office.
Sources and findings (15)
- T1SEC Nigeria — Virtual crypto assets are presumed to be securities unless the issuer or sponsor proves otherwise, placing the burden of proof on the issuer.M5bindingin forcenew
- T1Central Bank of Nigeria (CBN) — 'Digital Asset' as a token representing a debt or equity claim on the issuer, distinct from the broader 'Virtual Asset' definition covering transferable, digitally-traded value used for payment or investment purposes.retrieved M4bindingin forcenew
- T1SEC Nigeria (draft Rules) — A 'Recognised Foreign-issued Stablecoin' classification assessed via issuer regulatory status, reserve arrangement, redemption framework, custody arrangement and other risk factors.retrieved M3non-bindingnew
- T1Nigeria (regulatory framework) — No primary Nigerian source confirms a settled classification treatment for utility tokens or NFTs distinct from the general rebuttable presumption that crypto assets are securities.M2non-bindingnew
- T1 · Federal Republic of Nigeria / Securities and Exchange Commission, NigeriaFederal Republic of Nigeria / Securities and Exchange Commission, Nigeria — The Investments and Securities Act 2025 gives digital assets statutory recognition by including 'virtual and digital assets' within the definition of 'securities', bringing them within the SEC's registration and regulatory perimeter.retrieved M5bindingin force
- T1 · Federal Republic of Nigeria / Securities and Exchange Commission, NigeriaFederal Republic of Nigeria / Securities and Exchange Commission, Nigeria — Section 13 of the Investments and Securities Act 2025 requires the SEC to register and regulate virtual and digital asset exchanges, virtual asset service providers and digital asset operators, and its Second Schedule lists virtual assets, digital assets and other DLT offers, tokens and products.retrieved M5bindingin force
- T1 · Federal Republic of Nigeria / Securities and Exchange Commission, NigeriaFederal Republic of Nigeria / Securities and Exchange Commission, Nigeria — The Investments and Securities Act 2025 also treats digital assets as capable of being commodities, naming digital assets in its definition of 'commodity' alongside precious metals, crude oil, currency and solid minerals.retrieved M3bindingin force
- T1 · Securities and Exchange Commission, NigeriaSecurities and Exchange Commission, Nigeria — The SEC's position, set out in its Statement on Digital Assets and their Classification and Treatment published 14 September 2020, is that virtual crypto assets are securities unless proven otherwise, with the burden of proof on the issuer or sponsor discharged through an initial assessment filing.retrieved M4bindingin force
- T1 · Securities and Exchange Commission, NigeriaSecurities and Exchange Commission, Nigeria — In the same Statement the SEC differentiates treatment by token type: crypto assets are treated as commodities where traded on a Recognised Investment Exchange or issued as an investment, while utility or 'non-security' tokens are treated as commodities whose spot trading falls outside SEC purview unless conducted on a Recognised Investment Exchange.retrieved M4bindingin force
- T1 · Securities and Exchange Commission, NigeriaSecurities and Exchange Commission, Nigeria — The SEC classifies security tokens as securities, requiring intermediaries dealing in or managing investments in them to be registered as capital market operators, recognised investment exchanges or recognised clearing houses, and treats derivatives and collective investment funds of crypto assets as specified investments.retrieved M4bindingin force
- T1 · Securities and Exchange Commission, NigeriaSecurities and Exchange Commission, Nigeria — The SEC's in-force 2022 Rules distinguish a 'Digital Asset' — a digital token representing a debt or equity claim on the issuer — from a 'Virtual Asset', a digital representation of value that can be transferred and traded and used for payment or investment, expressly excluding fiat, securities and other financial assets.retrieved M4bindingin force
- T1 · Securities and Exchange Commission, NigeriaSecurities and Exchange Commission, Nigeria — Classification is decided by the Commission on application: under Rule 4.01 of the SEC's 2022 Rules the SEC reviews a complete initial assessment filing within 30 days to determine whether a proposed digital asset constitutes a security, and where it does the issuer must register the securities.retrieved M4bindingin force
- T1 · National Assembly of the Federal Republic of NigeriaNational Assembly of the Federal Republic of Nigeria — Tax law supplies a parallel statutory definition: section 201 of the Nigeria Tax Act 2025 defines 'digital assets' to include crypto assets, utility tokens, security tokens, NFTs and derivatives of them, plus any other asset defined by the relevant regulatory authority.retrieved M4bindingin force
- T1 · Nigeria Revenue ServiceNigeria Revenue Service — The Nigeria Revenue Service classifies virtual assets into five categories for tax purposes — cryptocurrencies and exchange tokens, stablecoins and payment tokens, security and investment tokens regulated under the Investments and Securities Act 2025, utility and governance tokens, and NFTs — each with its own treatment.retrieved M3bindingin force
- T1 · Securities and Exchange Commission, NigeriaSecurities and Exchange Commission, Nigeria — The SEC's exposure-draft Rules would add a classification layer for stablecoins, dividing them into Naira-backed, foreign-currency-backed, commodity-backed and crypto-backed tiers; this classification is proposed, not in force.retrieved M3non-bindingproposed