SEC Proposes New Crypto Rules
BITmarkets Team
Aug 18, 2026
In a Tuesday announcement, the SEC said the proposed framework would establish a “clear and fit-for-purpose framework for certain investment contracts involving crypto assets.” The regulator said the proposed “tailored securities offering regime” is intended to give crypto companies new ways to raise capital while maintaining investor protections.
The proposal did not include an anticipated “innovation exemption” for tokenized stocks. The announcement came only days after the US Senate failed to advance the Digital Asset Market Clarity (CLARITY) Act, which is intended to clarify how federal agencies divide responsibility for regulating the crypto sector.
SEC proposes new framework for crypto offerings
SEC Chair Paul Atkins stressed that regulatory action from the agency cannot replace legislation from Congress. “[L]egislation remains indispensable to enacting ‘future-proofed’ rules of the road that are durable enough to protect the work we are undertaking today from being unwound by a future rogue regulator,” Atkins said. “The SEC has and will continue to support Congress in delivering the CLARITY Act to President Trump’s desk.”
Under the proposed rules, crypto companies could receive exemptions allowing them to issue up to $5 million in tokens over a four-year period and as much as $75 million within 12 months. The framework would also introduce a safe harbor under which certain cryptocurrencies would be exempt from treatment as ”investment contracts.” Token issuers would be required to provide financial statements and “would be subject to ongoing reporting requirements.“ The proposal will be open for public comment for 60 days following its publication in the Federal Register.
US regulators move ahead as Congress stalls
The SEC proposal comes ahead of a scheduled Thursday meeting by the US Commodity Futures Trading Commission (CFTC) focused on crypto, artificial intelligence and prediction markets. The CFTC said it plans to examine “areas where regulatory action can complement future congressional legislation.”
Atkins had been scheduled to speak at the Wyoming Blockchain Symposium on Tuesday but canceled his appearance amid the SEC announcement. At the event, White House crypto adviser Patrick Witt said US regulators would “let loose” on crypto regulation if Congress failed to make progress on the CLARITY Act.
CLARITY Act faces tight kegislative timeline
Before the Senate began its August state work period, Majority Leader John Thune filed cloture on a motion that could allow lawmakers to take up the CLARITY Act after returning in mid-September. However, the legislative calendar leaves limited time to advance the bill. Senators are scheduled to spend only 14 days in session after the August recess before leaving again ahead of the November election.
If lawmakers fail to secure a floor vote during that period, the Senate is expected to have another 22 days in session before the end of 2026, when the current Congress concludes and newly elected members are sworn in.
Sources:
https://www.sec.gov/newsroom/speeches-statements/atkins-statement-regulation-crypto-assets-081826
https://www.sec.gov/newsroom/press-releases/2026-76-sec-proposes-new-regulation-crypto-assets
https://cointelegraph.com/news/us-sec-crypto-rules-clarity-act
