"It is the Division's view that transactions in the types of meme coins described in this statement do not involve the offer and sale of securities under the federal securities laws," the statement says. "Persons who participate in the offer and sale of meme coins do not need to register their transactions with the Commission. ... Accordingly, neither meme coin purchasers nor holders are protected by the federal securities laws."
It also said "a meme coin does not constitute any of the common financial instruments specifically enumerated in the definition of 'security' because, among other things, it does not generate a yield or convey rights to future income, profits, or assets of a business. In other words, a meme coin is not itself a security."