SECLicensingAugust 21, 2026

SEC Proposes New Crypto Asset Offering Exemptions and Security Safe Harbor

The SEC is proposing 'Regulation Crypto Assets,' which would create two new exemptions from securities registration — one for offerings up to $5 million over four years and another for offerings up to $75 million per year — with principles-based disclosure requirements for issuers. Critically, the proposal also includes a conditional safe harbor that could allow certain crypto assets to be deemed not to involve an investment contract, potentially removing them from the definition of 'security.' Crypto exchanges, token issuers, broker-dealers, and legal/compliance teams need to evaluate how these exemptions and the safe harbor conditions interact with their current token listing and offering practices.

What to do

Review the full proposed rule text to assess whether any tokens your firm lists, issues, or custodies could qualify for the safe harbor or offering exemptions, and engage legal counsel to prepare a comment letter or compliance gap analysis.

Who this affects

Crypto ExchangeBroker-Dealer / RIADeFi / Web3Wallet ProviderOther

Does this affect your program?

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Source

Read the official publication

This radar entry is educational and does not constitute legal advice. Summaries are AI-assisted and grounded in the linked official source; always verify against the primary source and consult qualified legal counsel for jurisdiction-specific guidance.

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