TREE NEWS update: The SEC has proposed a new regulation, ‘Regulation Crypto Assets,’ providing two registration exemptions for crypto issuers: a startup exemption for up to $5M raised over four years, and a fundraising exemption for up to $75M per 12-month period, along with a safe harbor for tokens to lose security status. This move comes as the CLARITY Act stalls in Congress, marking a significant step by the SEC to provide a tailored framework for crypto asset issuance.
SEC Proposes Crypto Asset Regulation: Exemptions for Token Issuance Up to $75M
This is the SEC shifting from enforcement-led oversight toward a defined issuance pathway, and the tiered cap structure matters more than the headline number: it suggests regulators are trying to separate small experimental raises from larger, more commercially significant offerings. The safe harbor for tokens to shed security status is the provision most likely to reshape issuer behavior, since it addresses the exit problem that has long made compliant launches difficult. Whether the agency's proposal survives public comment intact, and whether Congress defers to it while the CLARITY Act remains stalled, is the open question.
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