SEC Clears Fuse's ENERGY Token: How a DePIN Project Won a No-Action Letter

12/2/2025, 2:53:01 AM
The article discusses the SEC's groundbreaking decision to issue a no-action letter to Fuse Crypto Limited for its ENERGY token, marking a significant achievement for DePIN projects. This regulatory approval validates Fuse's utility-first token model and opens pathways for institutional participation, especially in sustainable infrastructure projects. It addresses the challenge of complying with securities regulations while leveraging blockchain for green energy deployment. The content provides insights into how proactive regulatory engagement and genuine utility token design can lead to compliance certainty, serving as a roadmap for other Web3 projects aiming for regulatory acceptance.

The SEC's Groundbreaking Decision: Fuse Network's ENERGY Token Triumph

On November 24, 2025, the U.S. Securities and Exchange Commission issued a formal no-action letter to Fuse Crypto Limited, marking a watershed moment for decentralized physical infrastructure networks operating within the American regulatory framework. This SEC no-action letter for cryptocurrency represents far more than a routine administrative approval—it constitutes explicit regulatory validation of Fuse's utility-first token model and signals a fundamental shift in how securities regulators evaluate blockchain-based infrastructure projects. The letter confirms that Fuse's native token, referred to interchangeably as FUSE or ENERGY, does not require registration as a security under existing securities laws, granting the project substantial regulatory cover as it continues distributing tokens to network participants and validators. This determination carries profound implications for the broader cryptocurrency ecosystem, particularly for projects attempting to navigate the complex intersection of token economics and securities regulation. The SEC's decision acknowledges that Fuse's token serves genuine utility functions within its decentralized physical infrastructure architecture rather than functioning primarily as an investment vehicle, a distinction that has proven elusive for numerous Web3 projects over the past several years. By issuing this no-action letter, the SEC essentially commits to non-enforcement action against Fuse's token distribution mechanisms, provided the project maintains compliance with the conditions and representations outlined in the correspondence. This approval reflects the agency's evolving understanding of how blockchain technology enables novel forms of network participation and incentive alignment that differ fundamentally from traditional securities offerings.

DePIN's Regulatory Breakthrough: Unpacking the No-Action Letter

The no-action letter represents only the second such approval the SEC has granted to a DePIN projects and SEC framework, following a similar determination for DoubleZero earlier in 2025. This emerging pattern of regulatory accommodation stems directly from shifts in SEC leadership and a demonstrated willingness to engage with novel cryptocurrency technologies on substantive rather than reflexively restrictive terms. The DePIN regulatory approval demonstrates that the SEC recognizes how decentralized physical infrastructure networks operate distinctly from traditional financial instruments. Fuse's architecture as a Solana-based network dedicated to green energy infrastructure creates structural conditions where token holders participate directly in network validation, energy coordination, and protocol governance—functions that generate genuine economic value independent of secondary market trading dynamics. The no-action letter explicitly acknowledges these operational distinctions, recognizing that tokens distributed to participants performing meaningful work within the network infrastructure serve fundamentally different economic purposes than securities issued primarily to raise capital from investors seeking financial returns. This represents a critical evolution in regulatory thinking, as previous SEC guidance often conflated all token distributions regardless of their underlying utility or network function. The letter provides Fuse Crypto Limited with regulatory certainty regarding its current token distribution practices while establishing a precedent that other DePIN projects can reference when structuring their own compliance frameworks. This regulatory clarity removes significant uncertainty that previously deterred institutional participation in decentralized infrastructure initiatives, as investors and partners previously hesitated to engage with projects operating under ambiguous legal status. The SEC's determination that ENERGY tokens possess genuine utility rather than serving primarily as investment contracts opens pathways for more sophisticated participation by regulated entities seeking exposure to decentralized infrastructure opportunities.

Aspect Fuse Network Traditional DeFi Securities Regulation
Token Function Network participation & validation Investment/trading Securities issued for capital
Regulatory Treatment Utility-based approval Uncertain/restrictive Securities law compliance required
SEC Enforcement Risk Minimal via no-action letter Elevated Maximum enforcement focus
Institutional Participation Now feasible with clarity Previously restricted Highly restricted

Environmental Impact Meets Blockchain: How ENERGY Token Revolutionizes Sustainability

The Fuse Energy project integrates decentralized physical infrastructure technology with sustainability objectives in ways that conventional blockchain systems cannot accomplish. Built on the Solana blockchain, Fuse operates as a physical infrastructure network where participants deploy renewable energy resources, energy storage systems, and grid management technologies while receiving ENERGY tokens in compensation for their contributions to network coordination and energy distribution. This model fundamentally reimagines how environmental projects can leverage blockchain incentives to scale sustainable infrastructure deployment without relying exclusively on traditional venture capital or government subsidies. The green energy focus of Fuse Energy distinguishes it meaningfully from numerous other DePIN projects pursuing data aggregation, wireless networking, or computational resource coordination. By channeling blockchain economics directly into renewable energy infrastructure development, Fuse demonstrates how Web3 environmental solutions can create self-sustaining ecosystems where participants profit from environmental impact rather than treating sustainability as a cost center imposed upon otherwise profitable operations. The SEC's regulatory approval of ENERGY tokens carries specific significance for environmental projects because it validates the economic model underlying sustainability-focused infrastructure networks. Environmental activists and climate-focused investors recognize that traditional finance mechanisms often impose inadequate incentives for distributed renewable energy participation, whereas tokenized incentive structures aligned with network utility can mobilize capital and participation at scales previously impossible through conventional infrastructure financing. The ENERGY token legal status confirmation removes regulatory ambiguity that previously discouraged institutional environmental investors from participating in these innovative mechanisms. This regulatory clarity enables pension funds, endowments, environmental foundations, and ESG-focused investment vehicles to engage with Fuse Network's sustainability infrastructure with confidence that their participation complies with applicable securities regulations. The intersection of blockchain technology, environmental impact, and regulatory approval creates compelling opportunities for capital deployment aligned with both financial and sustainability objectives.

Web3 Compliance Roadmap: Lessons from Fuse's SEC Approval

The pathway Fuse Crypto Limited followed to obtain SEC regulatory approval establishes a template that other Web3 projects and blockchain developers can reference when structuring their own compliance strategies. Rather than taking adversarial or minimalist positions toward regulatory engagement, Fuse engaged proactively with SEC staff to demonstrate how its token model incorporated utility-first design principles and operational structures distinguishing it from securities offerings. This collaborative regulatory approach reflects sophisticated legal strategy recognizing that transparent engagement with regulators often produces better outcomes than evasion or jurisdictional arbitrage. Blockchain developers building DePIN projects should prioritize comprehensive documentation of how their tokens function within specific protocol implementations, ensuring regulatory compliance professionals can clearly trace connections between token incentives and actual network participation requirements. The ENERGY token legal status confirmation demonstrates that the SEC evaluates token design through functional analysis rather than applying categorical rules based solely on token name or trading venue presence. Projects demonstrating genuine utility—where tokens enable network participants to perform work, receive compensation, access network functions, or exercise governance authority—can present compelling cases that their tokens should receive favorable regulatory treatment. Regulatory compliance professionals should ensure that token distribution mechanisms remain tightly coupled to actual utility functions rather than allowing token economics to drift toward speculative financial instruments detached from network participation requirements. The SEC's no-action letter to Fuse includes conditions and representations that projects must maintain to preserve the regulatory safe harbor the approval provides. Web3 teams should recognize that no-action letters represent conditional regulatory approvals rather than absolute permissions, and modifications to token economics, distribution mechanisms, or network governance structures could potentially trigger regulatory reconsideration. Compliance professionals must establish ongoing monitoring protocols ensuring that any protocol evolution maintains consistency with representations made to the SEC during the no-action letter approval process. Building this compliance discipline into project governance prevents scenarios where technical upgrades inadvertently create regulatory violations despite initial approval.

The SEC no-action letter for cryptocurrency issued to Fuse Crypto Limited signals that DePIN regulatory approval has transitioned from speculative possibility to demonstrated reality. Projects that implement rigorous compliance frameworks, maintain transparent regulatory engagement, and design tokens around genuine utility functions can achieve comparable regulatory certainty. The convergence of environmental sustainability objectives with blockchain infrastructure economics, validated through Fuse's SEC approval, demonstrates that Web3 environmental solutions addressing climate change and renewable energy deployment can operate within mainstream regulatory frameworks rather than existing exclusively in regulatory gray zones. For cryptocurrency investors seeking exposure to infrastructure projects combining regulatory clarity with environmental impact, Fuse Network exemplifies how the intersection of DePIN technologies, sustainability focus, and regulatory compliance creates compelling investment characteristics. Blockchain developers should study Fuse's compliance pathway as a documented example of how proactive regulatory engagement produces superior outcomes compared to adversarial approaches. Regulatory compliance professionals now possess a concrete template for structuring token distribution mechanisms that satisfy SEC expectations regarding utility and network function. Environmental activists can recognize that decentralized physical infrastructure networks operating within regulatory frameworks expand possibilities for scaling renewable energy deployment through market mechanisms rather than political mandate alone. The lessons embedded within Fuse's SEC approval process provide actionable guidance for the entire Web3 ecosystem pursuing legitimate compliance within established regulatory structures, with projects across Gate seeking to understand how similar approval pathways might apply to their specific circumstances.

* The information is not intended to be and does not constitute financial advice or any other recommendation of any sort offered or endorsed by Gate.