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[BUSINESS] · United States · 8 sources

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SEC proposes new regulatory framework for crypto asset fundraising

The U.S. Securities and Exchange Commission (SEC) has proposed a new regulatory framework titled ‘Regulation Crypto Assets’ to establish dedicated rules for crypto asset investment contracts. The proposal aims to provide clearer pathways for token projects to raise capital while maintaining investor protections.

The framework introduces several key exemptions. A ‘startup exemption’ would allow early-stage projects to raise up to $5 million over four years with minimal disclosure. A tiered ‘fundraising exemption’ would allow annual raises of up to $20 million for unaudited offerings (Tier 1) or up to $75 million for offerings requiring financial auditing (Tier 2).

Additionally, the proposal includes a ‘safe harbor’ provision. This mechanism would allow tokens to potentially exit securities classification once a project achieves specific decentralization thresholds, addressing the issue of tokens remaining under securities law indefinitely even after their initial investment purpose has concluded.

The proposal was published in the Federal Register on August 21, with a public comment period open until October 20. The SEC must review these submissions before voting on a final rule.

Entities

Commodity Futures Trading Commission · Paul Atkins · Securities and Exchange Commission · United States

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