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The U.S. Securities and Exchange Commission is moving into formal crypto rulemaking with a proposed Regulation Crypto framework for digital asset fundraising. The proposal opens a 60-day public comment period and outlines different compliance paths depending on how much capital a startup seeks to raise and how it plans to operate.
Highlights
- SEC publishes Regulation Crypto proposal outlining oversight mechanisms for token-based fundraising, opening a 60-day public comment period.
- Industry experts, including Cahill Gordon and Reindel LLP’s Lewis Cohen, view the proposal as broadly positive but emphasize the need for the Clarity Act to finalize regulation.
- President Donald Trump and top finance executives call for urgent passage of the Clarity Act, while CFTC signals readiness for separate rulemaking if legislation stalls.
Proposal details and rulemaking timeline
As the SEC published its proposed Regulation Crypto rulemaking last week, setting out how the agency wants to oversee fundraising by crypto companies and developers using tokens without violating securities rules
The proposal includes different provisions based on the size of a startup’s fundraising plans and its operating model. The agency under the current presidential administration has issued numerous staff statements, but it has not done much formal rulemaking, making the proposal a notable step in defining a regulatory path for the sector.
Timing remains a central issue because the SEC still needs time to finalize any rule and then allow companies additional time to comply. The summary of the proposal says the public has 60 days to submit comments.
Industry reaction and legislative implications
Lewis Cohen, a partner at Cahill Gordon and Reindel LLP, says the proposal is broadly positive and reflects significant work by the SEC. At the same time, he says the crypto industry still needs the Clarity Act to fully resolve the regulatory framework.
U.S. President Donald Trump last Wednesday also urges Congress to pass the Clarity Act during a press conference with major crypto and traditional financial services executives. SEC Chairman Paul Atkins, CFTC Chairman Mike Selig, Coinbase Chief Executive Brian Armstrong and Kraken Chief Executive Arjun Sethi appear at the event, which takes place a day before the CFTC’s Innovation Advisory Committee meets.
At that event, Selig says the CFTC is also ready to begin rulemaking if the Clarity Act does not become law. That leaves the crypto sector facing parallel tracks, one through agency rulemaking and another through congressional legislation.
Our earlier article on the U.S. Treasury’s plan to at least double buybacks of longer-dated Treasurys outlined how the initiative was meant to support market liquidity but also coincided with higher long-term yields and rising market-based inflation expectations. We noted that shifting supply-and-demand dynamics in the bond market can keep pressure on the dollar and influence expectations for future Federal Reserve policy amid elevated debt and inflation concerns.
This material may contain third-party opinions, none of the data and information on this webpage constitutes investment advice according to our Disclaimer. While we adhere to strict Editorial Integrity, this post may contain references to products from our partners.
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