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The Securities and Exchange Commission (SEC) proposed its first permanent digital-asset rule to govern the crypto industry on Aug. 18, and the next day, President Donald Trump held the chief executives of the industry’s biggest companies, specifically Coinbase Global, Ripple — with its XRP (CRYPTO: XRP) — and Robinhood Markets, at the White House for a summit. That gathering came on the heels of the Senate leaving town on Aug. 8 without voting on the Clarity Act, which many had assumed would lead to the bill’s chances of passage in 2026 becoming very slim.
In some sense, the summit might even have been a response to the sluggishness of Congress. White House crypto advisor Patrick Witt claimed that regulators in the executive agencies — specifically the SEC and the Commodity Futures Trading Commission (CFTC) — will “break glass” (i.e., use emergency mechanisms) if Congress didn’t deliver on the Clarity Act. That could be imminent, so let’s break down what’s happening with crypto regulation outside of what’s being debated in the Capitol.
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Rules aren’t laws, but companies would probably still obey them
There have recently been a slew of rulemaking and policymaking attempts by the SEC and CFTC, starting in March, when the two agencies jointly published their new interpretation of existing laws.
That guidance sorted 18 crypto assets as digital commodities beyond the SEC’s reach, including the crypto majors, Bitcoin (CRYPTO: BTC), Ethereum (CRYPTO: ETH), XRP, and Solana (CRYPTO: SOL). Each coin’s primary regulator is now determined by the category it was placed in. But a future commission can withdraw that entire scheme with a memo because such legal interpretations aren’t carved in stone.
The new rule proposed in August pertains to using crypto tokens as a mechanism for businesses to raise capital.
It would exempt token sales of up to $5 million over four years from registration under the Securities Act of 1933, which is the requirement to file a registration statement with the SEC and have it cleared before offerings. A similar exemption would cover token sales of up to $75 million a year, on the condition that the issuer provides financial statements, audited above certain capital-raising thresholds, along with ongoing reporting.
Source: finance.yahoo.com
