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Evidence request lists

US SEC Digital Assets and Crypto Regulatory Framework

Evidence request list. 8 controls, 8 carrying auditor artefact guidance. Generated from the compliance knowledge graph on 12 September 2026. Published by The Art of Service.

AML

USSECCRYPTO-4
AML, OFAC, Whistleblower

Per SEC + FinCEN + OFAC: Sanctions and AML Coordination + Whistleblower and Internal Reporting Channels.

Artefacts an auditor will ask for
  • SEC Crypto evidence for USSECCRYPTO-4
Where this commonly fails
  • classification + custody partial

Classification

USSECCRYPTO-1
Crypto Asset Classification (Securities Test)

Per SEC + Howey Test: classify crypto assets as securities. Requirements include (a) Reliance on Efforts of Others Assessment + (b) Investment of Money + (c) Common Enterprise + (d) Expectation of Profits + (e) maintain documentation.

Artefacts an auditor will ask for
  • SEC Crypto evidence for USSECCRYPTO-1
Where this commonly fails
  • classification + custody partial

Conduct

USSECCRYPTO-3
Custody, Broker-Dealer, Market Conduct

Per SEC: custody + broker-dealer registration + market conduct + Marketing and Solicitation Rules.

Artefacts an auditor will ask for
  • SEC Crypto evidence for USSECCRYPTO-3
Where this commonly fails
  • classification + custody partial

Enforcement

USSECCRYPTO-5
Enforcement and SEC Cooperation

Per SEC: enforcement + cooperation + voluntary disclosure + crypto-specific actions.

Artefacts an auditor will ask for
  • SEC Crypto evidence for USSECCRYPTO-5
Where this commonly fails
  • classification + custody partial

Registration

USSECCRYPTO-2
Registration, Exemptions, Disclosures

Per SEC: registration + exemptions (Reg A + D + S) + disclosures + Form S-1 + 10-K + 10-Q.

Artefacts an auditor will ask for
  • SEC Crypto evidence for USSECCRYPTO-2
Where this commonly fails
  • classification + custody partial

Securities Classification of Digital Assets

US-SEC-DA-SC-01
Howey Test Application

Investment contract analysis for digital assets. Investment of money. Common enterprise. Expectation of profits. Derived from efforts of others. Economic reality analysis. Sufficiently decentralised test.

Artefacts an auditor will ask for
  • Howey Test analysis memoranda for each digital asset offering
  • Securities registration filings or exemption documentation
  • Custody arrangement documentation with qualified custodians
Where this commonly fails
  • Disclosure documents omit material technology and operational risks
  • Surveillance procedures inadequate for emerging market manipulation patterns
  • Registration exemption reliance not periodically re-validated
  • Howey Test analysis lacks documented application to specific facts
  • Custody arrangements not aligned with qualified custodian requirements
US-SEC-DA-SC-02
Registration Requirements

Exchange registration for digital asset securities. Broker-dealer registration. Transfer agent registration. Investment adviser registration. Form S-1 for token offerings. Regulation D exemptions. Regulation A+ offerings.

Artefacts an auditor will ask for
  • Disclosure documents addressing material risks of digital assets
  • Anti-fraud policy and surveillance procedure documentation
  • Legal opinions on asset classification under federal securities laws
  • Howey Test analysis memoranda for each digital asset offering
Where this commonly fails
  • Registration exemption reliance not periodically re-validated
  • Howey Test analysis lacks documented application to specific facts
  • Custody arrangements not aligned with qualified custodian requirements
  • Disclosure documents omit material technology and operational risks
  • Surveillance procedures inadequate for emerging market manipulation patterns
US-SEC-DA-SC-03
ETF Framework

Bitcoin spot ETF approvals (January 2024). Ethereum spot ETF approvals. ETF custody requirements. NAV calculation. Creation/redemption mechanism. Surveillance-sharing agreements. Authorised participant framework.

Artefacts an auditor will ask for
  • Securities registration filings or exemption documentation
  • Custody arrangement documentation with qualified custodians
  • Disclosure documents addressing material risks of digital assets
  • Anti-fraud policy and surveillance procedure documentation
  • Legal opinions on asset classification under federal securities laws
Where this commonly fails
  • Surveillance procedures inadequate for emerging market manipulation patterns
  • Registration exemption reliance not periodically re-validated
  • Howey Test analysis lacks documented application to specific facts
  • Custody arrangements not aligned with qualified custodian requirements
Assembled from the framework's own control set. Every line traces to a control in the graph, so this pack is regenerated rather than written, and stays current as the graph does.

Assembled from the framework’s own control set, so this list is regenerated rather than written and stays current as the graph does.